P.S. Pattar, J. - (1.) THIS is a petition filed by Chander Bhan and 10 other persons, residents of Palwal and other villages situated in Tehsil Palwal, District Gurgaon, under Section 482 Criminal Procedure Code, to quash the Report dated 14.11.1975, under Section 107/151, Criminal Procedure Code, filed against them by the police in the Court of the Sub -Divisional Magistrate Palwal, and also to quash the orders dated 15.11.1975, passed by the Magistrate demanding bail from them for appearance in Court and to quash the notice issued by the Magistrate under Section 111, Code of Criminal Procedure copy whereof is Annexure P -3 to the petition.
(2.) SHRI Karan Singh A.S.I. Police Station City Pawal tiled the calendar under Section 107/151, Criminal Procedure Code, Copy whereof is Annexure P -1 to the petition, against the Petitioners in the Court of the Sub -Divisional Magistrate, Palwal. The contents of Annexure P -1 read as follows: In this case the facts of the Calendar are like this: A special informer informed that Jan Sangn workers today at about 2 P.M. will fake out a procession against the Government and will cause damage to the Government vehicles and Government buildings and that if they are not stopped, there can be immediate apprehension of breach of peace. On receipt of this information I.A.S.I., along -with Devi Dial H.C. Mukhtiar Singh 1041, Mohinder Singh 1064, Mahabir Singh (sic)15 and Sikand Singh 354 reached the old Mandi near Punjab National Bank, where the above -mentioned persons were talking with each other and were saying that today they will take vengeance for imposition of Emergency and ban on the Sangh and they will cause damage to all the Government buses and buildings which will fall on the way. Upon this I intervened and advised them that it will cause loss to the country, but this fell flat on them and they tried to run towards the Post Office. They were stopped with the help of the companions They created such a situation that if they were not arrested under Section 107/151 they shall have positively committed an offence cognizable by the police. They were duly arrested and are produced before the Court. The aforesaid be called upon to furnish security of Rs. 5,000/ - each for keeping peace for a period of one year." On the next day, the Petitioners were produced in custody by the police in the Court of the Sub -Divisional Magistrate, Palwal, who passed the following order, copy whereof is Annexure P -2 to the petition: The accused are present in police custody. If they furnish bail bonds in the sum of Rs. 5,000/ - each for appearance in Court, they be released on bails, otherwise should remain in the judicial lock up. To come up before the Court on 2(sic)th November, 1975. On 11th December, 1975, the Magistrate gave notice to the Respondents under Section 111, Criminal Procedure Code, copy whereof is Annexure P. 3 to the petition. This petition has been filed to quash Annexure P -1, P -2 and P -3 and also the subsequent proceedings taken by the Sub -Divisional Magistrate, Respondent No. 2. Notice of the petition was issued to the Respondents, who contested the same.
(3.) THE first contention of Mr. Gian Singh, the Learned Counsel for the Petitioners, is that the proceedings against the Petitioners are an abuse of the process of the Court, that the allegations contained in the Calendar, Annexure P -1 do not attribute any overt act to the Petitioners and the provisions of Section 107, Criminal Procedure Code, are not attracted and, therefore, Annexure P -1 should be quashed;