- (1.) K. N. Ojha, J. Instant revision has been preferred against order dated 3-6-1985 passed by learned S. D. M. Sardhana, district Meerut, under Section 107/111 of Cr. P. C. by which the revisionists Muzaffar Khan, Masood Khan, Ishtiyaq and Iqbal, all residents of village Rahulli, police station Sardhana, district Meerut, were directed to explain on 22-6-1985 as to why personal bond of Rs. 2000 and two sureties of like amount be not got filed for maintaining peace and good behaviour for a period of one year.
(2.) HEARD Sri. H. K. Yadav, learned counsel holding brief for Sri V. M. Zaidi, learned counsel for the revisionist. Sri Nirmal Kumar, learned AGA expresses his inability to advance argument and submits that he is unable to advance argument for want of record. A perusal of the record shows that the S. D. M. Sardhana, district Meerut, called for report in Case No. 406/9 of 1985 under Section 107/111 Cr. P. C. from police station Sardhana about the dispute existing between the revisionists and the opposite party No. 2 Sardar Singh, who are residents of the same village. A report was submitted by the police station Sardhana that due to dispute of election there was apprehension of breach of peace and a detailed report was submitted, which finds place at Annexure No. 1 to this revision. On perusal of the report the Sub Divisional Magistrate was satisfied that there was apprehension of breach of peace, therefore, he issued notices to the revisionist to show cause by 22-6- 1985 as to why bonds be not got filed as specified in the impugned order. Aggrieved there from instant revision has been preferred. The notice was issued under Sections 107/111 of Cr. P. C. Section 111 of Cr. P. C. contemplates that: - "when a Magistrate acting under Section 107, Section 108, Section 109 or Section 110, deems it necessary to require any person to show cause under such Section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties (if any) required. "
(3.) IT is submitted by the learned counsel for the revisionists that before issuing a notice under Section 107/111 Cr. P. C. application of judicial mind is necessary. The S. D. M. is under the duty to ascertain the circumstances of the case to scrutinize the report submitted by the police station concerned or the report received from any other source and thereafter if the Magistrate arrives at the conclusion that there appears to be apprehension of breach of peace only thereafter notices be issued. IT is submitted that in instant case a stereo-type paper was got typed and signed and thereafter notices were issued without any application of mind, therefore, the impugned order deserves to be set aside. Question arises as to whether the S. D. M. has applied his judicial mind or not while issuing notices or simply notices were issued by putting signature at the end of the notices.;