JAGDISH PRASAD VERMA Vs. STATE

JUDGEMENT

(1.) The petitioners are railway employees and have been serving in various capacities within the Sub-Division of the district of Manbhum. On 8-5-1956, petitioner Jatindra Mohan Biswas was produced before the Sub-divisional Officer, Purulia, under arrest under Section 151, Criminal P. C., by the Officer-in-charge of the Adra Government Railway Police Station. He was released on bail on 9-5-1956, but, on 12-5-1956, after perusing a report submitted by the Sub-Inspector of the Government Railway Police Station at Adra, the learned Sub-divisional Officer drew up proceedings under Section 107, Criminal P. C., not only against petitioner Jatindra Mohan Biswas, but also against the three remaining petitioners, directing them to appear before him on 23-5-1956, and to show cause as to why they should not be ordered to execute a bond of Rs. 2000/- each to keep the peace for a period of one year. He further directed the petitioners to execute ad interim bonds of Rs. 2000/- each 'to remain peaceful till the decision of the proceedings under Section 107, Cr. P. C. under Section 117(3), Cr. P. C. He fixed 18-5-1956 for execution of the ad interim bonds.

(2.) A petition was filed on behalf of the petitioners on 18-5-1956, challenging the order purported to have been made under Section 117(3), Criminal P. C., but the prayer was turned down and it was ordered that the petitioners must furnish ad interim bonds on the date fixed.

(3.) On 23-5-1956, it was contended on behalf of the petitioners that normalcy had already returned in the locality concerned and there was no occasion now to furnish any ad interim bond. That prayer was also refused, and the petitioners have now come to this Court for setting aside the order purported to have been passed under Section 117(3), Criminal P. C., and also for quashing the entire proceeding under Section 107, Criminal P. C