J.M.L.SINHA,J. - (1.) THIS is an app­lication under section 482 of the Code of Criminal Procedure praying that the proceedings under Sec. 107/117, Cr PC pending against the applicants in the court of the Sub-Divisional Magistrate, Jasrana, district Mainpuri, be quashed.
(2.) VERY briefly stated the facts of the case are as follows : On or about 19th of September, 1975 the Station Officer police station Phariha submitted a report to the Sub-Divi­sional Magistrate, Jasrana, stating that, while on Gasht in village Lakhuwa he came to know that there was serious dis­pute between the applicants on the one side and Mobar Singh on the other as a result of which there was apprehension of breach of peace. On receipt of this report the learned Sub-Divisional Magis­trate passed an order on 9th of October, 1975, directing that the case be regis­tered and the applicants be summoned for 25th of October, 1975. On 25th of October, 1975, notice u/Sec. 111 of the Code of Criminal Procedure was read over to Kaptan Singh and Kirpal Singh (applicant Nos. 6 and 7), who were present. As against the other applicants it was directed that bailable warrants may be issued. Feeling aggrieved aga­inst the aforesaid order of the learned Sub-Divisional Magistrate, the appli­cants have filed the present applica­tion. The argument raised by the learned counsel for the applicants before me is two-fold : (i) that the report submitted by the police of P. S. Phariha was vague, that it did not contain any precise informa­tion and that such report could not form the basis of the proceedings under section 107 Cr PC, and (ii) that, in any case, the Magistrate could not proceed with the case without making compliance of sections 111 and 113 of the Code of Criminal Pro­cedure. Since this application should succeed on the second point, it is not necessary for me to express any opinion on the first point. Section 111 of the Code reads as follows : "111. When a Magistrate acting under Sec. 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 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.) SECTION 112 merely states that, if the person in respect of whom such order is made, is present in court, it shall be read over to him and if he so desires, the substance thereof shall be explained to him. Thereafter comes section 113 which reads as follows : "113. If such person is not pre­sent in court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the court : Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be re­corded by the Magistrate), that there is reason to fear the commission of a breach of the peace and that such breach of the peace cannot be prevented otherwise than by the immedi­ate arrest of such person, the Magis­trate may at any time issue a war­rant for his arrest". Section 114 states that every summons or warrant issued under Section 113 shall be accompanied by a copy of the order made under section 111 and such copy shall be delivered by the officer serving or executing the summons or warrant to the person served with, or arrested under, the same. ;