GANI GANAI Vs. STATE

JUDGEMENT

(1.) THIS is a revision application directed against the order of the Sessions Judge dismissing the revision applications of Gani Ganai, Gullai Waza Ali Najar, Ghulam Rasul, Abdi Mir and Ali Hajam against the. order of the Tehsildar Magistrate, first class, Kulgam dated the 10th and 11th March 1958.

(2.) IT appears that a complaint under Section 107 of the Cr. P. C. was filed by the Police against the petitioners in the Court of the Tehsildar Magistrate and on the 10th March petitioners Nos. 1 to 4, Gani Ganai, Gulla Waza Ali Najar and Ghulam Rasul were present before the Court, An order was made calling upon these persons under Section 112 of the Cr. P. C. to show cause why security in the amount of Rs, 1,000 should not be taken from them under Section 107. At the representation of the Police the Magistrate passed a further order calling upon the above-named persons to furnish an interim bond in the amount of Rs. 1,000 for keeping good behaviour during the pendency of the enquiry. On the 11th March two other persons, namely Abdi Mir and Ali Hajam were produced before the same Magistrate and the Magistrate passed an order under Section 117 (3) calling upon them to furnish interim security. Against these orders a revision was filed before the Sessions Judge, Srinagar, which was dismissed. Against that order the petitioners have come up in revision to this Court.

(3.) IT is argued on behalf of the petitioners that the trial Magistrate had erred in law in pas-ing a composite order under Rules 112 and 117 of the Cr. P. C, It has been further argued that the Magistrate could not pass an order under Section 117 (3) unless enquiry had been commenced under Section 107, Cr. P. C. against the persons who had been produced before the Magistrate,