JANGIR SINGH Vs. STATE

JUDGEMENT

(1.) The Sessions Judge, Barnala, has sent up this revision to this Court with a recommendation that the proceedings taken by the Sub-Divisional Magistrate, Barnala in regard to an enquiry pending under S. 107, Criminal Procedure Code, should be quashed.

(2.) The facts of this case are that the Deputy Superintendent of Police, Barnala, presented a report on 16-2-1959 to the Magistrate to the effect that six persons named in the report were disturbing public tranquillity and were taking the law into their own hands and that the public apprehended imminent danger of a breach of the peace at the instance of these person. It was submitted that if these persons were not immediately bound over in the sum of Rs. 25,000/ each for a period of one year, there would be danger of a breach of the public peace and that they should, therefore, be put on interim security under S. 117 (3), Criminal Procedure Code. It was also prayed that non-bailable warrants of arrest in respect of offences under Ss. 151/107, Criminal Procedure Code, be issued. It was stated that these person were instigating members of the public to commit breach of the peace by agitating against the increasing prices of food-grains and betterment levy.

(3.) On receiving this report the Sub-Divisional Magistrate passed the following order: