NARAIN DASS AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS criminal reference has been made by the 1st Civil and Sessions Judge, Allahabad, for quashing a notice issued to the revisionists by a Magistrate of the 1st Class at Allahabad in proceedings under Section 107/117 Code of Criminal Procedure in which notice was issued by the learned Magistrate under Section 112 Code of Criminal Procedure (old) upon the report of Aqil Police to the effect that there was apprehension of breach of peace on behalf of the revisionists.

(2.) THE main ground on which the learned Sessions Judge has made the reference for quashing the aforesaid notice issued by the learned Magistrate is that no order was passed by the learned Magistrate before drawing up notice on 13 -1 -1974 and on 1 -2 -1974 he had passed one more order to the effect that the case be registered and put on 13 -2 -1974.

(3.) CONSEQUENTLY I reject this reference and direct that the record of the case be sent back to the Magistrate concerned for early disposal.