STATE OF GUJARAT Vs. SAMA KASAM SIDHIK

JUDGEMENT

(1.) The learned sessions judge of Kutch has made this reference stating that the orders passed by the Taluka Magistrate Khavada should be set aside. The learned Taluka Magistrate Khavada passed an order under sec. 112 Cr. P. C. against five persons and below that order he passed an order under section 117(3) Cr. P. C. The learned Sessions Judge feels that the learned Taluka Magistrate has no jurisdiction to pass an order under sec. 117(3) Cr. P.C on the same sheet of paper as an order under sec. 112 Cr. P.C. He also feels that the learned Taluka Magistrate has passed an interim order under sec. 117(3) Cr. P.C. merely requiring sureties and without requiring the execution of a bond. For this reason also the learned Sessions Judge feels that the order of the Taluka Magistrate is improper. The learned Sessions Judge also feels that the learned Taluka Magistrate has not given reasons for passing the order under sec. 117(3) Cr. P. C. For these three reasons he has made a reference recommending that the order passed by the Taluka Magistrate be set aside.

(2.) Sec. 112. Cr. P.C. reads as follows:-

(3.) Sub-sections (1) (2) and (3) of sec. 117 Cr. P.C. read as under:-