BHAN CHAND Vs. STATE OF U P

JUDGEMENT

(1.) This is a revision under sections 397/40 1 of the Code of Criminal Procedure, 1973 (for short the code) directed against the order dated 15.1-87 passed by the Sub-Divisional Magistrate, Akbarpur, Kanpur Dehat directing the applicants to show cause as to why not they should execute bonds of Rs. 2000/- each to maintain peace for a period of two years.

(2.) Learned counsel for the applicants urged two points. The first point was that the sub. stance of the information was not given as required by section 111 of the Code. Reliance was placed on Sartaj and others v. State of U.P., The next point was that the joint notice for showing cause must not have been given to the applicants, rather separate notices must have been given to each and every applicant consistent with the provisions of section 111 of the Code.

(3.) As regards the first point, it is clear from the impugned order that there was an enmity between the complainant and the applicants, who were opposite parties, which has given rise to the apprehension of the breach of peace. This was the substance of information which was mentioned in the impugned order, and I am satisfied that this was in complete compliance of the provisions of section 111. In the case of Sartaj and others v. State of U.P. (supra), the Magistrate was satisfied on the report of the Tahsildar and he did not apply his mind nor he made mention about the sub-stance of the information. Hence that case is besides the point.