Hari Swarup, J. - (1.) THIS revision has been filed against notice issued under Section 111 of the Code of Criminal Procedure, 1973. The relevant portion of the notice, reads as under: - - Whereas it has been reported to me by S.O., Kaliyanpur vide his report dated March 4, 1975 that relations have been strained between Ram Prakash and others on the one side and Tirjugi Narain and others on the other side in connection with the possession of land situated in village Tikra, P.S. Kaliyanpur and that there is apprehension of breach of peace I call upon you under Section 107/111, Cr.P.C. to show cause why you should not be bound down under Section 107, Cr.P.C. A preliminary objection has been raised by the learned Government Advocate that the order being an interlocutory order is not revisable in view of sub -section (2) of Section 397 which reads as under: - - The powers of revision conferred by sub -section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. An interlocutory order means an order which is passed after the proceedings have commenced and before the proceedings have terminated. The notice as far as the applicant is concerned is the first step in the proceeding. The proceeding under Section 107 are commenced, no doubt, so far as the Magistrate is concerned, with the information received by him, but so far as the citizen is concerned it commenced with the issue of notice to him to show cause. The notice must therefore be deemed to be the preliminary step and not an interlocutory step in the proceedings. Further, a notice of the nature issued by the learned Magistrate cannot be deemed to be an interlocutory order as it is of the nature of a show cause notice only. The preliminary objection is accordingly over -ruled. The contention of the learned counsel for the applicant is that the notice does not comply with the requirements of the Section 111 of the Code of Criminal Procedure. Section 111 refers to Section 107. A reference of these two sections will be useful. Section 107(1) - -When an Executive Magistrate receives information that any person is likely to commit a breach of the peace of disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of 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, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) .. Section 111 - -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.
(2.) THE word 'information' in Section 111 relates to information mentioned in Section 107(1) and the words 'show cause' in Section 111 also refer to the words 'show cause' in Section 107(1). A person can be required to show cause against the facts appearing against him. He can also show cause against any other circumstance of an objective character which is capable of being proved by evidence, but he cannot be reasonably expected to show cause against an inference, the facts leading to which are not discussed. Substance of the information received by the learned Magistrate under Section 107 will mean the substance of the allegations of facts and circumstances mentioned in the information. The Magistrate has, therefore, to specify in the notice substance of the facts and circumstances which are contained in the information that has come to him, and not only the fact that he has received an information from which an inference can be drawn that there is likelihood of breach of peace. It is not the inference from the information, but substance of the information that has to be contained in the notice under Section 107/111, Cr.P.C. The inference about the existence of apprehension of breach of peace has to be drawn by the Magistrate, prima facie, from the facts that come to his knowledge, and after drawing that inference he has to issue notice to parties to show cause why on the facts and circumstances alleged in the information received by him, action be not taken. The present order gives only the inference drawn by the learned Magistrate from the information received by him from the Station Officer, Kaliyanpur vide his report dated March 4, 1975, but does not contain the substance of the facts and circumstances mentioned in that report from which the learned Magistrate drew the inference about the existence of apprehension of breach of peace. Even the allegation that relations between the parties were strained is the statement of an inference from facts and not a statement of facts. Cause can be shown only against the allegation of facts leading to that inference. Such a notice -cannot be deemed to be in accordance with the requirements of Section 111 of the Code of Criminal Procedure.
(3.) THE notice not being in accordance with the requirements of law has to be quashed. It would, however, be open to the learned Magistrate to issue fresh notice under Section 107/111, Cr.P.C. giving the substance of the information received by him which makes him, prima facie, believe that there was an apprehension of breach of peace or disturbance of public tranquility.;