GOVINDA PILLAI KUTTAN PILLAI Vs. VASUDEVAN NAMBOODIRI

JUDGEMENT

(1.) The order sought to be revised is a preliminary order passed under S.112 of the Code of Criminal Procedure and the relevant portion of it reads:

(2.) The contentions of the revision petitioner who is the 1st counter petitioner in the proceeding under S.107 and who would be referred to hereafter as the petitioner are that the Executive First Class Magistrate, Kottayam, who passed the order was not justified in passing it under S.112 as there was not enough material before him to be satisfied that a breach of the peace was likely, that the order was defective in that it did not specify the source of the information and that it was one passed without jurisdiction in that he relied upon the result of his own personal enquiries in order to start the proceedings.

(3.) On 23-3-1970 the respondent in this revision petition, who would hereafter be referred to as the respondent, filed a petition before the Magistrate requesting him to take action against the petitioner and six others. The substance of what he alleged there is what is incorporated in the preliminary order. The Magistrate sent that petition to the police for report. The report of the Sub Inspector of Police reads: