SURENDRA KUMAR PATJOSHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is preferred against the order dated 16-12-1987 passed by the S. D. M., Dharamgarh, directing the delinquents petitioners in Criminal Misc. Case No.281 of 1987, a proceeding u/S. 107, Cr. P. C. to execute interim bonds for keeping peace.

(2.) U/S.116(3), Cr. P.C. the Magistrate may direct the delinquent to execute interim bond only after the commencement of the inquiry if the other requirements of that sub-sec. are fulfilled. The learned counsel for the petitioners, Mr. Mohanty, submits that the impugned order passed by the Magistrate is without jurisdiction in that by the date of the passing of the impugned order the inquiry has not yet commenced. In this context he relied on Sona Khan v. State, (1980) 50 Cut LT 245 : (1981 Cri LJ 39) (FB). In that decision the following observations of the Supreme Court in Madhu Limaya v. Sub-divisional Magistrate, Monghyr, AIR 1971 SC 2486 : (1971 Cri LJ 1720), were referred to and relied on (para 43) :

(3.) In the result, I hereby quash the impugned order directing the petitioners to execute interim bonds and accordingly allow the revision. Revision allowed.