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Madhya Pradesh High Court · body

1978 DIGILAW 691 (MP)

State of M. P. v. Khumansingh

1978-09-16

A.R.NAVKAR

body1978
Short Note : 1. The facts of the case are that the police. Ashoknagar filed a complaint against the non-petitioners and others u/s. 107/117 of the Code of Criminal Procedure for binding the non-petitioner as complainant Badriprasad etc. apprehended breach of peace from the side of the non-petitioners. The Sub-Divisional Magistrate passed the order u/s. 112 of the Code of Criminal. Procedure and directed issuance of notices to the other side. Simultaneously, he also passed order u/s. 117 (3) Cr. P. C. and directed the non-petitioners to furnish bail bonds in the sum of Rs. 500/- to maintain peace. Aggrieved by this order, the non-petitioners presented a revision before the Sessions Court. The grievance before the Sessions Court was that directing the non-petitioner to furnish bail bonds u/s. 117 along with the order u/s. 112 Cr. P. C. is illegal. There should have been a notice of the order passed u/s. 112 CPC and then after hearing the other side, an order u/s. 117 (3) Cr. P. C. could be passed. As the learned Additional Sessions Judge came to a conclusion that the order passed in was mechanical which is passed along with the order u/s. 112 Cr. P. C., therefore, it is illegal and wrong and bad in law, so it deserves to be set aside and, therefore, he has made, this reference u/s. 438 Cr. P. C. for quashing the impugned order. Held: After hearing the parties on both sides, I am of the view that the reference should be accepted. The same view finds support in this Court's judgments in State v. Mansingh (1974 MPLJ SN 44). Reference accepted.