M.M. Husain, J. - (1.) THE straight question agitated in this petition under Section 482 Code of Criminal Procedure is whether or not a Magistrate proceeding against a party under Section 107 Code of Criminal Procedure can 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 Code of Criminal Procedure.
(2.) IT is not disputed that on the basis of a Chalani report, dated April 10, 1980 submitted by Haidersanj police in the district of Faizabad against the Petitioners, the S. D. M. Bikapur issued summons to the Petitioners under Section 113 Code of Criminal Procedure. When they put in appearance on May 16, 1980 the learned S. D. M. 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 Petitioners 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 Code of Criminal Procedure 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 parties, I find force in this contention. Section 107 Code of Criminal Procedure 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 said provision of law is exercised strictly within its four corners. Section 107 Code of Criminal Procedure lays down that when an Executive Magistrate receives information that any person is likely to commit a breach of peace, or disturb public tranquility, or do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility 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 lit.
(3.) SECTION 111 Code of Criminal Procedure lays down that when a Magistrate acts under Section 107 Code of Criminal Procedure he shall pass a written order under Section 111 Code of Criminal Procedure setting forth the substance of the information received, the amount of the bonds to be executed, the terras for which it is to be enforced and the number, character and class of sureties (if any) required.;