Injunction Under Section 107 of the Code of Criminal Procedure
Author: "SHINY G MAHIMA"
Injunction Under Section 107 of the Code of Criminal Procedure.
Section 107 Code of Criminal Procedure deals with public peace and tranquillity. The section states that upon receiving information that a person is likely to commit breach of peace or disturb the public tranquillity or commit any act which may lead to such, the Executive Magistrate is empowered to execute a bond to prevent that person from doing such activities, for keeping the peace of that area. Whereas Section 145 of the Code of Criminal Procedure deals with dispute concerning land or water, which is likely to cause breach of peace.
In the case of Prakash Chand Sachdeva v. State (1994) 1 SCC 471 it was held that proceedings under Section 107 are for public peace and tranquillity’ whereas Section 145 relates to disputes regarding possession between parties concerning any land or water or boundaries thereof. Therefore. dropping of proceedings under Section 107 could not furnish foundation for dropping the proceedings under Section 145