SOMASUNDARAM Vs. REVENUE DIVISIONAL OFFICER DHARAPURAM

JUDGEMENT

(1.) BOTH these petitions are disposed of together since the petitioners in each of these petitions are the rival parties, against whom proceedings under Section 107 of the Criminal Procedure Code, have been initiated by the Sub-Divisional Magistrate-cum Revenue Divisional Officer, Dharapuram.

(2.) ON the basis of the information laid before him by the Inspector of Police, Vellakoil, the Sub-Divisional Magistrate-cum Revenue Divisional Officer, Dharapuram, passed the orders separately in M.C.Nos.12 and 13 of 2000, dated 24.10.2000, under Section 111 of the Criminal Procedure Code, directing the respective parties to appear before him on 6.11.2000 at 11.00 a.m. at Dharapuram and to show cause as to why they should not be ordered to execute a Bond for Rs.20,000 with sureties for the like sum each to keep peace and for good behaviour for a period of one year.

(3.) THE Sub-Divisional Magistrate has to satisfy himself about the need to issue a show cause order and the order must reflect the application of mind by the Magistrate to the facts placed before him. THE impugned orders do not indicate application of mind by the Magistrate and they do not satisfy the double test much less any one of them and hence they are liable to be quashed.