- (1.) M. M. Husain, J. The straight question agitated in this petition under Section 482, Cr. P. C. is whether or not a Magistrate proceeding against a party under Section 107 Cr. P. C. and call upon that party to furnish personal and surety bonds for appearance in Court as and when required for the purposes of the inquiry contemplated by Section 116, Cr. P. C.
(2.) IT is not disputed that on the basis of a Chalani report, dated April 10, 1980 submitted by Haidergranj police in the district of Faizabad against the petitioners, the S. D. M. Bikapur issued summons to the petitioners under Section 113 Cr. P. C. When they put in appearance on May 16, 1980 the learned S. D. O. directed each of them to file personal bonds of Rs. 2,000 and two sureties each of the same amount. These bonds were demanded in order to ensure presence of the petitioners in Court as and when required for the purposes of the case. The peitioners were not in a position to immediately furnish the required bonds. One day's time was therefore granted to them to file the required bonds. In this petition under Section 482, Cr. P. C. the contention of the learned counsel for the petitioners is that the Magistrate concerned had no jurisdiction to call upon the petitioners to furnish bonds for appearance in Court and the impugned order requiring the petitioners to file the said bonds being without jurisdiction has resulted in an abuse of the process of Court. After hearing the learned counsel for the patties, I find force in this contention. Section 107 Cr. P. C. is, from its very nature, preventive and not punitive. It is not intended for the punishment of past offences. Its sole object is to prevent acts which may amount to or lead to a breach of peace in future. As the matter affects the liberty of the subject who has not been found guilty of an offence it is but necessary that the power conferred upon a Magistrate by the provision of law is exercised strictly within its four comers. Section 107 Cr. P. C. lays down that when an Executive Magistrate receives information that any person is likely to commit a breach of peace, or disturb public tranquillity, or do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of the opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or Without sureties, for keeping the peace for such period not exceeding one year as the Magistrate thinks fit. Section 111 Cr. P. C. lays down that when a Magistrate acts under Section 107 Cr. P. C. he shall pass a written order under Section 111 Cr. P. C. setting forth the substance of the information received, the amount of the bond to be executed, the terms for which it is to be enforced and the number, character and class of sureties (if any) reted.
(3.) SECTION 112 Cr. P. C. lays down that if the person hi respect of whom an order under SECTION 111 Cr. P. C. is made, is present hi Court it shall be read over to him, or if he so desires, the substance thereof shall be explained to him. Section 113 Cr. P. C. prescribes that if such person is not present in Court, the Magistrate shall issue a summon requiring bun to appear, or, when such person is in cstody, a warrant directing the officer, in whose custody he is, to bring before the Court.;