PALANIAPPA ASARY Vs. EMPEROR

JUDGEMENT

(1.) The Subdivisional Magistrate proceeding under Section 117 as nearly as practicable in the same way as under Section 242, Criminal Procedure Code, had to state to the accused, so to style them, the particulars of the matter against them and ask them if they could show cause why they should not be required to execute bonds.

(2.) He says that he made an order under Section 112, an order which appears in the form of a summons, and I understand that that order was explained to the accused.

(3.) But the Subdivisional Magistrate instead of asking them if they were prepared to show cause why they should not be required to execute bonds put this question to them: Are you willing to execute the bonds required, or do you wish for further enquiry?