SUSHIL SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application for quashing the order dated 19.3.2005 passed by the learned Sub - divisional Magistrate, Sadar, Patna in Case No. 224 (M) of 2005 initiating a proceeding under Section 107 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) against the petitioners and directing them to appear in person in his Court and show cause as to why they should not be ordered to execute a bond of Rs. 5,000/ - with two sureties of like amount each to keep peace for a period of one year and also for quashing the subsequent proceeding of the case.

(2.) HEARD .

(3.) LEARNED counsel for the petitioners, inter alia, submitted that no specific overt act has been attributed against any of the petitioners and the learned Sub -divisional Magistrate without applying his mind initiated the proceeding under Section 107 of the Code against the petitioners. He further submitted that a Magistrate can initiate a proceeding under Section 107, Cr PC only when the information is such as to satisfy him that a breach of the peace or disturbance is likely to take place in near future and it is this likelihood which gives him jurisdiction but in this case the allegations are vague and general in nature and do not at all show strong probability of a breach of the peace.