MOHD SAGUIB AHSAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application filed under Section 482 of the Code of Criminal Procedure the petitioners have challenged the order dated 18-8-1996 passed by Sub-divisional Magistrate, West Muzaffarpur in case No. M-1468 of 1996, drawing a proceeding under Section 107 of the Code of Criminal Procedure against the petitioners.

(2.) The validity of the aforesaid order has been questioned on various grounds including that the order does not set forth or contain the substance of information as required under Section 111 of the Code nor was disclosed anything as to how the Magistrate was satisfied that there was apprehension of breach of peace in respect of some lands in dispute between the parties.

(3.) I have heard Mr. Raghib Ahsan, learned Counsel appearing on behalf of the petitioners and Mr. Jagdish Prasad, learned Additional Public Prosecutor who have agreed that this application may be finally disposed of at the admission stage.