S.J. VASUDEVAN Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The petitioners are "B" parties and they filed this petition to set aside the notice issued by the first respondent under Section 107 of the Cr.P.C. It is submitted by the learned counsel for the petitioners that the first respondent without properly appreciating the scope of Section 07 and 111 of the Cr.P.C., initiated proceedings against two parties and issued summons to both the parties asking them to appear for (inquiry and therefore, the notice issued by the first respondent is contrary to Section 111 of the Cr.P.C., and on that ground, the proceedings is liable to be quashed. He also submitted that under section 107 of the Cr.P.C., both the factions cannot be called for enquiry by issuing notice under Section 111 of the Cr.P.C., and on that ground, it is liable to be quashed. He also relied upon the judgments reported in the matter of Ayyavoo Chettiar and Others v. Inspector of Police, Ennore Circle, Ennore, Kuppuraj and Others, 1984 LW(Cri) 112 in the matter of Sadayan and Others v. Paramasivam and Others,1984 1 MadLJ(Cri) 220 in the matter of Gnanasekar v. State, 1994 1 LW(Cri) 160 and the matter of Shanmugiah and Others v. State through Inspector of Police, Usilampatti and Others, 1987 LW(Cri) 49 in support of his contention.

(2.) I am unable to accept the contention of the learned counsel for the petitioners. Under Section 107 of the Cr.P.C., when a learned Executive Magistrate is of the opinion that there is sufficient ground for proceeding on the basis of information received by him that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, he may require such person to show cause why he should not be ordered to execute a bond, with or without sureties. Under Section 111 of the Cr.P.C., When a learned Magistrate acting under section 107 deems it necessary to require any person to show cause under such section he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.

(3.) In this case, in the impugned notice, the first respondent asked the petitioners and respondents 1 to 4 to appear before him for enquiry. He has not passed any order under section 111 of the Cr.P.C. nor passed any final order under Section 107 of the Cr.P.C. and he only issued summons to both the parties asking them to appear before him for enquiry.