RATI RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment and order dated 1-8-86 passed by the Sessions Judge Mathura in Criminal appeal No. 33 of 1986. Rati Ram and others v. State of U.P. under Section 107/116 CrPC, P. S. Shergarh, dismissing the appeal of the revisionists summarily, arising out of the order of S. D. M. Chhatta Distt.Mathura dated 8-7-1986 in case No. 111/552/1x/86 State v. Rati Ram and others binding down the revisionists under Section 117 CrPC.

(2.) LEARNED counsel for the State accepted notice and argued at some length.

(3.) ACCORDING to Section 116 (3) order under section 117 can be passed only after commencement and before the completion of the inquiry under sub-clause (i) if the Magistrate considers that immediate measures are necessary for the prevention of breach of peace or disturbance of public tranquility or commission of any offence or for public safety. This order under Section 117 CrPC can not be passed only on the police report. There ought to be some evidence before the Magistrate after the commencement and before Completion of the inquiry envisaged under section 116 (i) CrPC. The Magistrate has bound down the applicants in absence of such evidence. Their appeal has been, summarily dismissed by the Sessions Judge without there being any speaking order.