SHIV SWAROOP AGNIHOTRI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482, CrPC directed against the proceedings under Section 107, CrPC pending against the applicant in the court of Sri S. N. Gupta, II Additional City Magistrate, Allahabad. The applicant has pressed the application on two grounds. Firstly, that the preliminary order does not comply with the provisions of Section 111, CrPC. Secondly, that a copy of the order made under Section 111, CrPC was not served on the applicant along with the summons, as required under Section 114, CrPC. Section 111, reads thus :-

(2.) IN the present case the preliminary order under Section 111, CrPC gives the substance of the information received and then goes on to state :- "Being satisfied from the report of the Station Officer, Police Station Cantonment, district Allahabad, I, S. N. Gupta order the opposite party to appear before this court on 3rd of September, 1977, at 10 o'clock and to show cause why he should not execute personal bond to maintain peace during the pendency of the proceedings."