Chapter case under sec 107
tushar
(Querist) 08 November 2014
This query is : Resolved
Dear Sir,
One building neighbor had deliberately pushed me on matter of maintenance money. I had registered a NC at police station and at the same time he also registered a cross NC. police have registered IPC 323,504 and 506 in both person NC. after 1.5 month, police have put chapter case on me under 107 on basis of only one NC(that too cross NC) but police have not served 107 chapter case on opposition, though I was the first to register NC. Police are pressurizing me to sign the bond. Pls advise what can be done. Is there possibility that opposition has forcedfully asked police to register a chapter case on me on basis of their influence or bribe
Devajyoti Barman
(Expert) 08 November 2014
If the case is u/s 107 IPC then nothing to worry.
If case and counter case is filed then better settle the dispute.
tushar
(Querist) 08 November 2014
dear sir,thanks for your quick reply.
The notice Top line is written in Marathi as (फौजदारी दंड प्रक्रिया सहिता कलम १११ अन्वये काढण्यात आलेला हुकुनामा ) and in notice body they have again written (कलम १०७ फौ.द. प्र . सहिता ), is this under section IPC.Can you pls clarify any reason why opposition is not served the summon.Pls note opposition is not ready for settlement.
Rajendra K Goyal
(Expert) 09 November 2014
It is Cr. P. C.
107. Security for keeping the peace in other cases
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction
111. Order to be made
When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required
T. Kalaiselvan, Advocate
(Expert) 13 November 2014
Section 107 of IPC relates to abetment of a thing. Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act,and thereby facilitate the commission thereof,is said to aid the doing of that act. See what is your position on the case.
