K BSUBBAYA SHETTY AND Vs. STATE OF MYSORE

JUDGEMENT

(1.) This petition is directed against the order made by the learned Ex-Officio 1st Class Magistrate of Sakleshpur under Section 117(3) of the Commissioner. P. C. In Commissioner. Mis. No. 1/59-60 on his file. In that case, at the instance of the police, proceedings under Section 107 Cr.P.C. Were initiated against the petitioners. Even before issuing notices to the petitioners, the learned Magistrate directed that they be bound over under Section 117(3) of the Cr.P.C. This order appears to be clearly illegal.

(2.) Under Section 112 of the Cr.P.C.

(3.) In any view of the case, the order of the learned Magistrate cannot be sustained and the same is hereby quashed.