BABU RAM PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order drawing up a proceeding under Section 107 of the Code of Criminal procedure, 1973 (hereinafter referred as the Code) and calling upon the petitioners as second party to the said proceeding, to show cause as to why they should not be ordered to execute a bond of Rs. 2000.00 with two sureties of the like amount each to keep the peace for a period of one year. The notice which had been sent to the petitioners has been appended to the application marked as Annexure 1. Learned Counsel appearing on behalf of the petitioners, on reference to the said notice, has urged that the notice was in complete violation of Section III of the Code, inasmuch as it did not at all give the substance of the information which the petitioners were required to explain, and consequently the drawing up of the proceeding under Section 107 of the Code must be quashed. I think the contention is valid and must be accepted. The notice in question reads as under:

(2.) Having regard to the discussions made above, I think the proceeding under Section 107 of the Code, based as it is on the vagueness of allegations must be quashed. The application is allowed.