PARAS RAM Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge Mandi in a case under Section 107 of the Criminal P. C. and the recommendation of the learned Sessions Judge is that the order demanding security under Section 117 (3) of the Code be quashed.

(2.) THE facts of the case are that one Sant Ram filed a complaint under Section 107 against the accused in the Court of the Sub-Divisional Magistrate, Sundernagar alleging that there were some disputes relating to land and that the accused were likely to commit breach of peace in relation thereto. The learned Magistrate submitted the complaint to the Head Constable Durga Dass of Police Post Dehar for enquiry and report. On 28-10-1972 in the forenoon the enquiry report was submitted, and the learned Magistrate was satisfied upon information received that sufficient ground existed for taking the action under Section 107. The accused were also brought under custody before the Magistrate on that day, As the order indicates, in the afternoon of that very day the learned Magistrate directed that notice under Section 112 be issued to the accused so that they might furnish objections regarding the giving of security and enter into a bond to keep peace. In the same order he directed that interim security be demanded from the accused under Section 117 (3) of the Criminal P. C.

(3.) BEFORE the learned Sessions Judge this order of 28-10-1972 was challenged on three specific grounds: (1) that the order under Section 112, Criminal P. C, was neither read over nor explained to the accused as required under Section 113 (2) that there is a composite order demanding interim security under Section 117 (3) which could not be passed, and (3) that the enquiry had not even commenced, what to say pending, which was sine qua non for an order demanding security under Section 117 (3 ). The learned Sessions Judge has held that the order itself is vitiated because of these objections, and accordingly he has recommended for the quashing of the said order.