BADLU AND ORS. Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a petition Under Sec. 561A of the Code of Criminal Procedure for the quashing of proceedings Under Sec. 107/117 Code of Criminal Procedure pending against the Applicants. The main ground on which the petition is based is that by a notice issued Under Sec. 112 of the Code of Criminal Procedure the Applicants were required to show cause as to why they be not required to execute a bond to keep peace for a period of one year and as the said period of one year has expired the proceeding cannot continue and in support of that contention reliance has been placed upon a ruling of this Court reported as Babu Ram and Anr. v/s. Rex, AIR 1949 All 21:, 1948 AWR 214 (H.C.). Before proceeding to discuss the aforesaid decision I propose to consider the question as if it were one of first impression. The Applicants have not been required to furnish interim security and as such Sec. 117 of the Code is not material. The relevant Ss. of the Code are 107, 112, 118 and 120.

(2.) The learned single judge noticed a divergence of judicial opinion on the question raised in the petition and felt difficulty in agreeing with the view taken in the aforesaid Allahabad case. He has, therefore, referred it to a Division Bench.

(3.) We have heard learned Counsel for the parties.