BABOO LAL Vs. STATE

JUDGEMENT

(1.) BABU Lal has preferred this application in revision against the order, dated 31 -10 -1972 of Sri R.K. Mishra, I Temp. Sessions Judge, Azamgarh, dismissing the application in revision made before him and maintaining the order, dated 28 -9 -1972 passed by the learned Magistrate issuing notice Under Sections 107 and 112 Code of Criminal Procedure against Babu Lal and others.

(2.) IT appears that originally a notice Under Section 112 Code of Criminal Procedure was issued against Babu Lal Applicant and 63 others on the basis of a report made by the station Officer, Ghosi, dated 5 -9 -1972 that due to the election of the Pradhan of the village, feelings had become strained between the parties and hence action Under Section 107 Code of Criminal Procedure be taken against them. Being satisfied with the said report, the learned Magistrate issued notices against the opposite parties Under Section 112 Code of Criminal Procedure.

(3.) A perusal of the order, dated 28 -9 -1972 of the learned Magistrate shows that he was satisfied with the report of the Station Officer, dated 5 -9 -1972 that there was an apprehension of breach of the peace from the opposite parties, but he did not give out the substance of the information received with the result that merely by this notice which was either read out to the Applicant or was sent he could not have known as to what were the allegations with regard to there being an apprehension of breach of the peace from his side unless the report of the station officer was perused and was also made a, part of the notice. This report not being made a part of the notice, the Applicant could not have known about the allegation against him unless the report of the station officer itself was, perused. That could never have been the intention of the legislature. In these circumstances, the order passed by the learned Magistrate could not be said to be a legal and proper order within the meaning of Section 112 Code of Criminal Procedure.