ABDUL AZIZ Vs. STATE

JUDGEMENT

(1.) M. M. Husain, J. The straight question agitated in this petition under Section 482, Cr. P. C. is whether or not a Magistrate proceeding against a party under Section 107 Cr. P. C. and call upon that party to furnish personal and surety bonds for appearance in Court as and when required for the purposes of the inquiry contemplated by Section 116, Cr. P. C.

(2.) IT is not disputed that on the basis of a Chalani report, dated April 10, 1980 submitted by Haidergranj police in the district of Faizabad against the petitioners, the S. D. M. Bikapur issued summons to the petitioners under Section 113 Cr. P. C. When they put in appearance on May 16, 1980 the learned S. D. O. directed each of them to file personal bonds of Rs. 2,000 and two sureties each of the same amount. These bonds were demanded in order to ensure presence of the petitioners in Court as and when required for the purposes of the case. The peitioners were not in a position to immediately furnish the required bonds. One day's time was therefore granted to them to file the required bonds.

(3.) SECTION 112 Cr. P. C. lays down that if the person hi respect of whom an order under SECTION 111 Cr. P. C. is made, is present hi Court it shall be read over to him, or if he so desires, the substance thereof shall be explained to him.