MONI SIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application is directed against the order dated 18.1.84 by which the learned Sub-Divisional Magistrate, Diamond Harbour drew up a proceeding under section 107 of the Criminal Procedure Code against the petitioners.

(2.) Mr. Mondal, learned Advocate for the petitioners strongly contends that the impugned proceeding under section 107 of the Criminal Procedure Code is illegal for non-compliance with the mandatory provisions of section 111 of the Criminal Procedure Code and is liable to be quashed. A proceeding under section 107 Cr. P.C. is instituted by a preliminary order under section 111 Cr. P.C. which shall comply with these conditions (1) written order; (2) substance of information against the person; (3) amount of bond, (4) period for the bond, (5) number, character and class of sureties. Substance of the information on which action has been taken must be given in the order served. Notice under section 111 being in the nature of a charge, the person is entitled to have some definite information as to the case he has been called upon to answer and so the substance or the purport of the information against him should be clearly disclosed. The substance should contain such information as may enable the person to answer the charge or defend himself properly. Merely giving a bad name to a person and reproducing the clause of a section, as done in this case, is giving no information. The provisions of section 111 Cr.P.C. are mandatory and non-compliance the reactivitiates the entire proceeding.

(3.) In the instant case substance of the information was not given in the notice. The order of the learned Magistrate is in the following terms. "Seen P. R. Drew up Proceedings u/s 107 Cr. P.C. against all the O.Ps. Heard petitioner. Seen police report. It appears that you are likely to commit breach of peace or disturb the public tranquillity or do any wrongful act which may result breach of peace or disturbance to public tranquillity.