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Rajib Banerji (Self Employed)     22 September 2013

107 crpc

Dear Learned Experts,

In the month of May 2013 I had a domestic quarrel with my wife and walked out of our home.She followed me and we both went to the local police station where she had complained against me for disrupting domestic harmony.The police warned me and let me go.Me & my wife have put the matter behind us and now we are living happily together.Yesterday we had received 2 summons from the Executive Magistrates court in Alipore Kolkata one addressed to me & the other to my wife stating that we have to appear in court on 24th September 2013 since on the basis of a report received from the local police station a case u/s 107 crpc has been filed against us & we have to file a show cause as to why we will not be ordered to execute a bond of Rs:500/- .

Both me & my wife have not faced a situation like this before.Please advise what to do now?

Thanks & regards,

Rajib.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     22 September 2013

Mr. Rajib Banerji,

The section 107 Cr.P.C. reads as 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, [41][with or without sureties,] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.  Just see where you have erred and also please go in person appear before the Executive magistrate explain your stand, fulfil the formalities, thats the only solution, however engage a lawyer to accompany you. 

Rajib Banerji (Self Employed)     22 September 2013

Sir,

Thanks for your reply.How long does it take for cases like these to get settled?

 

Rajib.


(Guest)

heehee... dekhliya biwi se panga lene ka nateeja..


ab jaao dono haatho mein haath daalke, pehshi pe .. heehee.

Rajib Banerji (Self Employed)     22 September 2013

Aarey Bhai.Jahgra Kis miya biwi mein nahin hota.We have put that incident in the past &  are living happily together now.Please let me know what do do in court & how long will this case take to settle.We have never faced this kind of a problem before & promised to each other never to fight again.She is equally worried about this matter.Do we have to pay 500 each this is just a simple domestic quarrel blown out of proportion.


(Guest)
Nothing to worry. You have to thank police that they want to cross check about how you ppl are doing. Ab jurmana toh bharna padega. saath haste haste jaao, haathon min haath daalke fine bharo, aur chalte bano.

Adv. Chandrasekhar (Advocate)     23 September 2013

Mr. Rajib banerji, you need not worry at all. You and your wife both go together and tell the judge now all the problems are resolved and there is no dispute between two of you and there will be no dispute in future. Your wife will also confirm her statement. The case will be dismissed and you need not to execute any bond. Generally this thing will happen. If the executive magistrate will not believe both of you (I am sure that will not happen in your case), at the most he will ask both of you to execute bond for the said amount and you need not to pay any thing and just to execute the bond. you need not to engage any advocate in this simple case. Simply appear before the court with your wife and every thing will run confirtably.

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