DHANESHWAR MALLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 561-A of the Code of Criminal Procedure has been filed by eighteen' persons, who have been proceeded against under Section 107 of the Code of Criminal Procedure. The petitioners have made this, application for quashing the orders dated1 the 16th of June, 1971, and the 17th of June, 1971, passed by the learned Sub-Divisional Magistrate, Sadar, Patna, copies of which have been made Annexures '1' and' 'I/A' respectively, to the application.

(2.) THE learned Sub-Divisional Magistrate, Sadar, Patna, drew up the proceeding under Section 107 of the Code of Criminal Procedure against the petitioners oir 31-5-1971 and they were asked to show cause as to why they should not be ordered' to execute a bond of Rs. 1000/- each with-two sureties of the like amount each to? keep peace for a period of one year. Cause-was to be shown by the 16th June, 1971. It appears that on the 16th of June, 1971. a petition for time was filed on behalf of one Murlidhar. THE petitioners neither appeared in person nor any petition was filed on their behalf for time. THE learned Sub-Divisional Magistrate thereupon issued bailable warrants of arrest against the petitioners. On the 17th of June, 1971, an application was filed on behalf of the petitioners for recalling the warrants of arrest. THE learned Sub-Divisional Magistrate recalled the warrants of arrest but directed the petitioners to furnish bail of Rs. 1000/-each. In the present application the petitioners have challenged the jurisdiction of the learned Sub-Divisional Magistrate to issue warrants of arrest against them and to call upon them to furnish bail bonds.

(3.) IT was submitted by learned Counsel apnearine for the petitioners that as provided under Section 114 of the Code of Criminal Procedure the Magistrate can issue only a summons requiring a person against whom an order under Section 112 has been passed to appear and not a warrant of arrest. There is substance in this contention. In the case of Madhu Limaye v. S. D. M. Monghyr while considering the scope of Sections 113 to 115 of the Code of Criminal Procedure, their Lordships of the Supreme Court in paragraphs 38 and 39 of the judgment observed as follows: