LAWS(KAR)-1983-11-17

SHIVALINGAWWA Vs. STATE OF KARNATAKA

Decided On November 25, 1983
SHIVALINGAWWA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) This revision petition is directed against the show cause notice dated 2-3-1982 issued by the Executive Magistrate Haliyal at No. HAG IASR 16 of 1981-82, directing the present petitioners to show cause why they should not execute a bond for one year with one surety furnishing a security of Rs. 2,000 for good behaviour.

(2.) The preamble to the show cause notice states that S. 107 Cr. P.C. proceedings are registered against the present petitioners as they are likely to commit imminently breach of peace.

(3.) The learned counsel appearing for the revision-petitioners strenuously urged before me that the show cause notice is not for keeping peace as required under S. 107 of the Code of Criminal Procedure but for keeping good behaviour, which is not contemplated under S. 107 of the Code of Criminal Procedure. Hence, he submitted that the order issued by the Taluka Magistrate is illegal and has to be set aside.