- (1.) THESE are two connected matters and raise identical questions and, therefore, we deem it proper to dispose them of by a single order.
(2.) THE short facts giving rise to these petitions are that the petitioners who are said to be members of Thela Khomdha Union, Gwalior, were arrested Under Section 151 of the Code of Criminal Procedure, 1973, in the afternoon of February 14, 1978, for prevention of sabotage of public meeting and preservation of public peace and tranquillity at the site of the proposed High Court building at Gwalior. They were produced before the Executive Magistrate, Gwalior, for action Under Sections 107 and 117 of the Code of Criminal Procedure. The police also submitted an application to the Magis- trate for taking immediate action against the petitioners under Sub-section (3) of Section 116.
(3.) THE learned Magistrate, after perusal of the reports submitted by the police, recorded the following order the same day, i. e. , 14th February, 1978, Under Section 111 of of the Code of Criminal Procedure : It appears to me on perusal of the report submitted by the police Kotwali, Jhansi Road, that the accused (petitioners) were raising slogans on 14-2-1978 at the proposed site of High Court building: at that time the foundation stone was being laid and there was apprehension that they would cause breach of the peace by resorting to arson and loot. I Indu Sharma, Executive Magistrate, Gwalior, therefore, think it necessary that in order to prevent the breach of public peace and tranquillity, the accused should be bound down to keep peace and be of good behaviour for a period of six months and, therefore, they may be called upon to execute a personal bond in the sum of Rs. 500/- each for the purpose of maintaining peace and be of good behaviour. Signed and issued under my hand and seal today the 14th February, 1978. Indu Sharma, 14-2-78 Executive Magistrate, Gwalior.;