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Allahabad High Court · body

1966 DIGILAW 251 (ALL)

Vijai v. State of U. P.

1966-07-13

D.P.UNIYAL

body1966
JUDGMENT D. P. Uniyal, J. - This reference has been made by the learned Temporary Sessions Judge, Banda on the ground that the order passed by the S. D. M., Karwi calling upon the applicants to furnish sureties to keep the peace during the pendency of the case under Sec. 107/117 Cr.P.C. was illegal and should be quashed. 2. The learned Sessions Judge has pointed out that the above order of the Magistrate is illegal for two reasons: first, that the Magistrate had not passed any order under Section 112 Cr.P.C. before the impugned order was made by him. The record goes to show that on 6-10-64 a report was submitted to the Sub-divisional Magistrate by the police praying for action under Section 107 Cr.P.C. against the applicants. Without making an order under Section 112 and deciding as to whether it was necessary to summon the accused to show cause why the proceedings under Section 107 Cr.P.C. be not taken against them, he purported to issue notice requiring them to execute interim bonds under Sec. 117(3) Cr. P. C. Secondly, the order requiring the execution of interim bonds during the pendency of proceedings under Sec. 107/117 can only be made if the Magistrate is satisfied that there are strong reasons for taking emergent action to ensure the maintenance of the peace. Thus on both the above grounds the impugned order of the Magistrate dated 11-10-1965 was illegal and is liable to be quashed. 3. Accordingly I accept the reference and quash the order dated 11-10-1965 passed by the S. D. M., Karwi.