MUNSHI BHAGAT Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision application by the petitioners, who were the second party in the court below, is directed against an order dated the 22nd September, 1978, passed by Shree D. K. Prasad, Executive Magistrate, Hajipur, in a proceeding under section 107 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), in Case No. II/1973 of 1976.

(2.) It appears that the Opposite Party No. 2, who was the first party in the court below, had filed a petition on the 24th June, 1976, in the court of the Sub-divisional Magistrate, Hajipur, against the petitioners, by imoleading them as the second party, for starting a proceeding under section 107 of the Code against them. Thereupon, the learned Magistrate, had sent the said petition to the local police for inquiry and report. The police submitted its report dated the 6th July, 1976, recommending for starting of a proceeding against the second party under section 107 of the Code. On receipt of the said Police report, the Magistrate, by his order dated the 8th December, 1976, directed to issue notices to the second party to show cause as to why they should not be ordered to execute a bond of Rs. 1,000 each to keep the peace for a period of one year. In response to the said notice, the second party appeared and filed a show cause petition dated tha 28th December, 1976, in which they contended that no proceeding under section 107 of the Code could be drawn up against them alone and prayed that the order dated the 8th December, 1976, should be recalled.

(3.) The learned Magistrate heard the Counsel for the parties on the 29th December, 1976, on the said show cause petition dated the 28th December, 1976 of the second party, and, thereafter he fixed the 19th January, 1977, for orders. But, after a few adjournments he passed orders on the 9th March, 1977, rejecting the contention of the second party, that no proceeding under section 107 of the Code could be drawn up against them, mainly on the ground that a decision to start a proceeding under section 107 of the Code against the second party had already been taken on the 8th December, 1976, and, there was no justification for recalling it.