BISHNUPADA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE two revision petitions are directed against the order of a Magistrate drawing up a proceeding Under Section 107 of the Cr, P. C. and a common point of some importance has arisen in these rules. The petitioners, in whose favour the rules have been issued challenge the order of the learned Magistrate as not in accordance with law. The respective orders are alleged to be in violation of Section 107 and Section 111 (Old Section 112) of the Cr. P. C. Those proceedings are accordingly liable to be quashed. The rules are opposed and it is maintained that the proceedings in each case have been drawn up in due compliance of Section 107 and Section 111 (Old Section 112) of the Cr. P. C, The impugned orders are similar in both the rules. In Cr. Rev. No. 409 of 1974, the Magistrate passed an order on 15 -3 -1974 in the follownig manner : Draw proceeding Under Sections 107/117(3) of the Cr. P. C. (Old) against opposite party members to show cause as to why they should not be ordered to execute a bond of Rs. 500/ - each with one surety of like amount to maintain peace of the locality for a period of one year.

(2.) IT appears from the record of the learned Magistrate that there had been a police report dated 25 -2 -1974 disclosing the relevant information following a petition of Gurupada Manna, opposite party No. 1 praying for drawing up of a proceeding against the petitioner and the other opposite parties. It further appears that the Magistrate drew up a show cause notice against the oppcisite parties stating the substance of the information received by him. This was served upon the opposite parties in the proceeding.

(3.) IT appears from the record of the Magistrate that an order was drawn up described as a notice on 16th day of August, 1976 which states the substance of information and records the satisfaction of the Magistrate that the person on whom the summons was directed was of troublesome character and there was every apprehension of breach of peace. A date was given for showing cause as to why the addressee should not be asked to execute a bond to keep the peace for a period of one year.