RAMSARAN SINGH Vs. RAMAKANT PRASAD

JUDGEMENT

(1.) This is a reference, Under Section 438 of the Code of Criminal Procedure, (hereinafter referred to as 'the Code'), by the Second Additional Sessions Judge of Patna, recommending that order No. 8 dated the 3rd June, i960, of the Sub-divisional Magistrate of Barh, should be set aside.

(2.) The material portion of the impugned order is in these terms: 8. 3-6-60-F.P. has filed a petition. Heard the-parties lawyer. Draw proceeding Under Section 107 Criminal Procedure Code against members of the O.P. asking them to execute a bond of Rs. 1000.00 with two sureties of like amount for a period of one year for maintaining good behaviour and an interim bond Under Section 117 (3) Criminal Procedure Code.

(3.) The learned Judge, in his letter of reference, has discussed, both law and facts, in a very-clear and convincing manner and has given good legal reasons for quashing the said order. The reasons given by the learned Judge, for setting aside the order complained of, are: (1) that in a proceeding Under Section 107 of the Code the Magistrate had no jurisdiction to call upon the second'. party to execute a bond for maintaining good behaviour; 2. that if an action Under Section 117 (3) of the Code was contemplated to be taken by the Magistrate he should; have recorded his reasons- in-writing for taking such action; and. 3. that the Magistrate has acted illegally in passing a composite order Under Section 112 and' Under Section 117 (3): of the Code as such an order is illegal.