UDAI NARAIN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the petitioners and the counsel appearing for opposite party no. 2.

(2.) PETITIONERS have challenged the order dated 4.2.2004, passed in Criminal Revision No. 17 of 2004 passed by the Sessions Judge, Aurangabad, confirming the order, dated 10.1.2004, passed by the Sub -divisional Magistrate, Daudnagar, in Case No. 1487 of 2003. By order dated 10.1.2004, the Sub -divisional Magistrate, Daudnagar, has converted proceeding under Sections 144 of the Criminal Procedure Code into proceeding under Section 145 of the Criminal Procedure Code.

(3.) COUNSEL for the petitioners has placed reliance on decision reported in A.I.R. 1970 Patna 386 (Newa Lal Sharma & Ors. Vs. Bikku Sharma & Ors. wherein it has been held "the provisions under Sec. 145(1) are mandatory and must be followed scrupulously, order not mentioning reasons for apprehension of breach of peace, order is defective."