JUDGMENT Stevens and Mitra, JJ. - The Rule in this case was issued to show cause why an order purporting to have been made under Sub-section (6) of Section 145 of the Code of Criminal Procedure should not be set aside on the ground that such order was made without jurisdiction, inasmuch as no preliminary order had been passed under the provisions of Sub-section (1) of Section 145. 2. It is quite clear to us that this Rule must be made absolute. There is a long current of decisions of this Court to the effect that the making of a formal order under Sub-section (1) of Section 145 is absolutely necessary to give the Magistrate jurisdiction to initiate proceedings under that section. In the present case a notice was issued on the parties u/s 107 of the Code of Criminal Procedure to show cause why they should not execute a bond to keep the peace for one year. When the case came on for hearing, the Sub-divisional Officer recorded an order, in the course of which he stated that it appeared to him quite obvious that, on the facts, the case was one for the application of Section 145 of the Code of Criminal Procedure and not of Section 107. He thereupon proceeded at once to do what he called "bind down" the first party under Sub-section (6) of Section 145. The expression of course was not correct and what is of more importance, the order itself was entirely bad. 3. The Rule is therefore made absolute and the order made by the Sub-divisional Officer on the 30th January 1902 is set aside.