BAKSHI SINGH Vs. F J HART

JUDGEMENT

(1.) ON a petition filed by F. J. Hart, (hereinafter called the applicant) the Additional District Magistrate (Executive), Srinagar, acting under section 107 of the Code of Criminal Procedure, issued notice to Bakshi Singh and Ahmad Lone, (hereinafter called the non -applicants) to show cause why they should not be ordered to execute a bond in a sum of Rs. 1,000/ - each for keeping peace for a period of one year. In response to the notice the non -applicants appeared in his court on 16 -11 -1974. The learned Magistrate furnished a copy of the application to them and asked them to file their objections on the next hearing. Alongside he ordered the non -applicants to execute an interim bond under section 117(3) Cr. P.C. for keeping peace till the conclusion of the inquiry. Aggrieved by the order asking for the interim bond, one of the non -applicants, namely Bakshi Singh has filed this petition invoking the jurisdiction of this court under section 56/ -A Cr. P.C. and in the alternative, its revisional jurisdiction to quash the order.

(2.) OPPOSING the petition, Mr. Harbans Singh, appearing for Mr. F. J. Hart, tried to justify the order on the following observations of the Supreme Court in A.I.R. 1971 SC. 2486 :

(3.) IN that case the Supreme Court was called upon to consider the constitutional validity of section 107 Cr. P.C. In dealing with this question the court indicated how the provisions of this section and allied sections in Chapter VIII of the Code of Criminal Procedure were to be understood and applied and came to the conclusion that the section did not suffer from vice of unconstitutionality. Dealing with section 117, the Court observed: