D.P.Uniyal, J. - (1.) Criminal Revision No. 26 of 1964 has been filed by Nankoo against an order dated 26.4.1963 of the S.D.M., Kaimganj, District Farrukhabad, which he purported to act under Section 112, Cr.P.C. The order is to the following effect:- "Register and summon accused for 15.5.1963." Section 112, Cr.P.C. provides- "When a Magistrate acting under Section 107 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 terms for which it is to be in force, and the number, character and class of sureties (if any) required."
(2.) The provisions of Section 112 are mandatory and have to be strictly complied with. In the present case the Magistrate does not appear to have applied his mind to the provisions of Section 112. He made an order which did not comply with the terms of the Section. The learned Civil and Sessions Judge before whom the revision was filed by the applicants conceded that the order made by the Magistrate was illegal. He, however, got over the difficulty by observing that the summons issued to the applicant under Section 115 of the Code contained all the particulars referred to in Section 112. In the very nature of things Section 115 comes into operation after a valid and proper order has been made by the Magistrate in accordance with the provisions of Section 112. If no such order exists there is no jurisdiction to issue a notice in terms of Section 115. In my opinion, the learned Civil and Sessions Judge was in error in ignoring the mandatory provisions of Section 112.
(3.) It is a well established principle of law that if an act is required to be done in a particular manner it has to be done in that manner or not at all. The fact that a duty has been cast under Section 112 on the Magistrate taking proceedings under Section 107 to act in the manner prescribed under Section 112 makes it obligatory on him to follow the mandate of the law.;