M. Murtaza Husain, J. - (1.) THIS criminal reference has been made by the 1st Civil and Sessions Judge, Allahabad, for quashing a notice issued to the revisionists by a Magistrate of the 1st Class at Allahabad in proceedings under Section 107/117 Code of Criminal Procedure in which notice was issued by the learned Magistrate under Section 112 Code of Criminal Procedure (old) upon the report of Aqil Police to the effect that there was apprehension of breach of peace on behalf of the revisionists.
(2.) THE main ground on which the learned Sessions Judge has made the reference for quashing the aforesaid notice issued by the learned Magistrate is that no order was passed by the learned Magistrate before drawing up notice on 13 -1 -1974 and on 1 -2 -1974 he had passed one more order to the effect that the case be registered and put on 13 -2 -1974. No body turned up when this reference was taken up for hearing by me. I have gone through the record of the case with the help of the Deputy Government Advocate. In my opinion the reference made by the learned Sessions Judge is wholly unjustified. He has placed reliance upon a decision of this Court in Criminal Revision No. 2497 of 1971 dated 25 -3 -1972 (Ravindra Nath Misra v. State through Ganesh Dutta Pande). I summoned the file of that case from the record room and perused it. In that case no order under Section 112 Code of Criminal Procedure was passed by the learned Magistrate. In the present case an order under Section 112 Code of Criminal Procedure (old) containing all the ingredients of the aforesaid section was duly passed by the learned Magistrate. It is not a case wherein no order as contemplated by section 112 Code of Criminal Procedure was passed. If on a subsequent date the learned Magistrate passed an order for registration of the case and for fixing a date for disposal, the order earlier passed under Section 112 Code of Criminal Procedure cannot be deemed to have been negatived by that subsequent order. In my opinion the impugned order substantially satisfies all the requirements of law and cannot be said to be illegal nor the revisionists can be said to have been in any way prejudiced thereby.
(3.) CONSEQUENTLY I reject this reference and direct that the record of the case be sent back to the Magistrate concerned for early disposal.;