MADAN MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under sec. 482 of the Code of Criminal Procedure has been filed to quash the order dated 4.9.2004 passed by the Sub -Divisional Magistrate, Vaishali at Hajipur in case no. M67/2004 thereby and thereunder the learned Magistrate has directed the petitioners to execute the interim bond as well as its revisional order dated 29.5.2006 passed by the 1st Additional Sessions Judge in Criminal Revision No. 280/04.

(2.) HEARD learned counsel for the petitioners. No one appears on behalf of Opposite Party No. 2 in spite of service of notice.

(3.) IT is submitted on behalf of the petitioners that the order dated 4.9.2004 has been passed in complete violation of Sec. 116 of the Code of Criminal Procedure. There is no provision in Section 116 of the Code of Criminal Procedure to ask the Opposite Parties to execute interim bond without entering into inquiry contemplated under the Code. It is further submitted that there is no material on record to show that there was immediate danger of peace and tranquility at the hands of the petitioners. Mere non -filing of show -cause does not give jurisdiction to the Magistrate to ask the petitioners to execute the interim bond without specifying the amount of bonds.