M C S RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) In this petition, the petitioners have challenged the preliminary order passed under S.112 CrPC., in a proceeding under S.107 CrPC. by the Sub-Divisional Magistrate, Bangalore Sub-Division, Bangalore, in SP.No.14 of 1970-71, on 29-1-1971.

(2.) The petitioners were respondents in the said case before the Sub-Divisional Magistrate. The preliminary order is a very short one and all that it reads to show is that the Sub-Inspector of Police Jalahalli Police Station, had reported that the present petitioners were employees of Bharath Electronics Ltd., Bangalore; that they were members of Bharath Electronics Employees Union; that they were on rival terms with the members of Bharath Electronics Karmika Sangh; that they were indulging in violent and unlawful acts; and that thereby there was likelihood of breach of peace in the limits of Jalahalli Police Station. It further reads to show that therefore they were required to show cause as to why they should not be ordered to execute a bond in a sum of Rs.1,000 with one surety.

(3.) The learned Counsel for the petitioners contended that the order is in violation of the provisions of Ss.107 and 112 CrPC., inasmuch as nowhere has it been recorded by the Sub-Divisional Magistrate that on the facts reported by the Sub-Inspector of Police, Jalahalli, he was satisfied that there was likelihood of breach of peace. He placed reliance on the decision in Chinnaya Chettiar v. State of Mysore, (1968)1 Mys.L.J. 551. The learned Government Pleader fairly stated that he was unable to support the order passed by the Sub-Divisional Magistrate.