K POCHAIAH Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1972-2-7
HIGH COURT OF ANDHRA PRADESH
Decided on February 17,1972

K.POCHAIAH Appellant
VERSUS
STATE OF ANDHRA PRADESH REPRESENTED BY S.I. OF POLICE, STATION MARKET Respondents

JUDGEMENT

- (1.) The Sub-Inspector of Police, Market Police Station, Secunderabad, laid information before the Revenue Divisional Officer, I Class Magistrate (Executive), Hyderabad, by way of reports that two sets of individuals, op account of animosity between them, were clashing and attacking each other and causing disturbance of the peace and gave several instances of such clashes between them from 5th May, 1971 to 23rd October, 1971 when even fighting with sticks and soda bottles were resorted to and had resulted in the registration of certain cases against them ; and further stated that there was a likelihood of the breach of the peace and disturbance of public tranquillity as both parties were indulging in violent acts and requested that they be bound over under section 107, Criminal Procedure Code. Along with this he also further requested that interim bonds may be obtained from them under section 117 (3), Criminal Procedure Code.
(2.) Thereupon the Magistrate issued notices to each group under section 112, Criminal Procedure Code, directing them to show cause why they should not be ordered to furnish a personal bond for Rs. 1,000 each with one surety for like sum for keeping the peace for one year under section 107, Criminal Procedure Code. In the same order he further directed them to show cause why they should not be directed to furnish a personal bond for Rs. 1,000 each with one surety for like sum for keeping peace till the disposal of the case under section 117 (3), Criminal Procedure Code.
(3.) As against that order, while one of the parties has come directly to this Court and filed Criminal R.C. No. 661 of 1971 under sections 435 and 439, Criminal Procedure Code, and other group has come forward with a petition under section 561-A, Criminal Procedure Code, for quashing the order of the Magistrate.;


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