MUZAFFAR KHAN Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. Instant revision has been preferred against order dated 3-6-1985 passed by learned S. D. M. Sardhana, district Meerut, under Section 107/111 of Cr. P. C. by which the revisionists Muzaffar Khan, Masood Khan, Ishtiyaq and Iqbal, all residents of village Rahulli, police station Sardhana, district Meerut, were directed to explain on 22-6-1985 as to why personal bond of Rs. 2000 and two sureties of like amount be not got filed for maintaining peace and good behaviour for a period of one year.

(2.) HEARD Sri. H. K. Yadav, learned counsel holding brief for Sri V. M. Zaidi, learned counsel for the revisionist. Sri Nirmal Kumar, learned AGA expresses his inability to advance argument and submits that he is unable to advance argument for want of record.

(3.) IT is submitted by the learned counsel for the revisionists that before issuing a notice under Section 107/111 Cr. P. C. application of judicial mind is necessary. The S. D. M. is under the duty to ascertain the circumstances of the case to scrutinize the report submitted by the police station concerned or the report received from any other source and thereafter if the Magistrate arrives at the conclusion that there appears to be apprehension of breach of peace only thereafter notices be issued. IT is submitted that in instant case a stereo-type paper was got typed and signed and thereafter notices were issued without any application of mind, therefore, the impugned order deserves to be set aside.