RAMESHWAR HARIJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 29.9.1981 passed incase No. 607 of 1981 by which a proceeding under Section 107 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been drawn.

(2.) It appears that opposite party No. 2 had filed two applications for starting a proceeding under Section 107 of the Code. The matter had been referred to the police and on the basis of the report of the police, the proceeding had been drawn.

(3.) Learned Counsel appealing on behalf of the petitioner has submitted that the substance of accusation has not been mentioned while drawing the proceeding and also that there is no specific mention of the fact regarding satisfaction of the learned Magistrate for an apprehension of the breach of the peace and that being so, the proceeding is not maintainable. I find sufficient force in these contentions.