KADAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision is directed against the preliminary order dated 24-4-1979 passed by the Taluka Executive Magistrate of Athani under S. 111 Cr.P.C. initiating proceedings under S. 107 Cr.P.C. against the petitioner.

(2.) The preliminary order passed by the Taluk Executive Magistrate is on the face of it wholly illegal and improper and not in compliance with the provisions of S. 111 Cr.P.C. Apart from the fact the preliminary order itself has been drawn up in a printed form filling in the space left for stating the allegations and other particulars, doing of which the law never contemplated, the Executive Magistrate appears to have merely subscribed his signature below the order without any application of the mind.

(3.) What gives the Executive Magistrate. jurisdiction to start proceedings under S. 107 Cr.P.C. is his own satisfaction that there is likelihood of breach of peace. The satisfaction recorded is not of the Magistrate, but the printed form to which he has subscribed his signature. The preliminary order as contemplated under S. 111 Cr P.C., being a judicial order, it is wholly improper to make use of the printed form for drawing up such orders. The preliminary order as such being illegal, the whole proceedings are vitiated and they are liable to be quashed.