KARTAR SINGH Vs. SITA RAM KHATRI

JUDGEMENT

(1.) THIS revision by Sardar Kartar Singh and six others seeks to challenge the validity of the order dated 21.3.1972 whereby the Sub-Divisional Magistrate, Patna City has drawn up a proceeding under Section 107 of the Code of Criminal Procedure (hereafter referred to as the Code) against members of both sides. The matter seems to have arisen in the following circumstances.

(2.) SITA Ram Khatri (opposite party here) filed a petition before the Sub-Divisional Magistrate on 21.3.1972 making various allegations of high-handedness at the hands of these petitioners. In paragraph 8 of that petition he alleged that in the night of 20th March, 1972 at about 8 p.m. when he was sitting in his office the members of the opposite party came in and threatened him of dire consequences. He further alleged that they were bent upon creating trouble and unless immediate action was taken there would be serious breach of the peace. On these allegations the petitioner requested the Magistrate to bind them down under Section 107 of the Code. Learned Magistrate heard the petitioner's lawyer on 31.3.1972 and after feeling satisfied that there was danger of breach of the peace and disturbance of public tranquillity between the parties he drew up a proceeding under Section 107 against both directing them to show cause by 12.4.1972 why they should not be made to execute bonds of Rs. 1000/- with two sureties of the like amount for keeping peace for a period of one year.

(3.) LEARNED Counsel for the petitioners has urged that the Magistrate's order is bad inasmuch as it has failed to comply with the mandatory provision of Section 112 of the Code. According to him the Magistrate was bound while making that order to set forth the substance of the information received. Since he had failed to do so the impugned order must be struck down and the proceeding dropped.