Dolaram @ Dori Ratre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 578 of 2018 Dolaram @ Dori Ratre S/o Ramanand Ratre Aged About 56 Years Occupation Agricultrist, R/o Village Chhind, P. S. Sarangarh, Distt. Raigarh Chhattiisgarh ---- Petitioner

Versus

State Of Chhattisgarh Through District Magistrate, Raigarh, Distt. Raigarh Chhattiisgarh ---- Respondent For petitioner - Shri Udho Ram Koshaley, Advocate. For Respondent/State -Smt. Astha Shukla, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 27/03/2018 Heard.

1.

Instant petition is against the order dated 26/02/2018 passed by the Additional Sessions Judge, Sarangarh whereby order dated 21/02/2017 passed by the SDM, Sarangarh was affirmed.

2.

SDM, Sarangarh in exercise of power under section 111 of Cr.P.C. had issued notice to show cause as to why the petitioner should not file surety of Rs.10,000/- and bond to ensure that he will not indulge into hooliganism and to maintain peace and tranquility. Said show cause notice issued by an order dated 21/02/2017 when was challenged in revision, revisional court has also affirmed the fact that in between 2005 to 2016 six cases were registered under the Excise Act for illegally selling liquor and also creating ransack in the public after consumption of liquor. 3.

In the opinion of this court, said order cannot be stated to be without any jurisdiction and can be termed that court has exceeded its jurisdiction not vested in it under the law. Therefore, in exercise of power

under Section 482 of Cr.P.C. I am not inclined to interfere in such order. 4.

Accordingly, the petition is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri