- (1.) The Sessions Judge, Barnala, has sent up this revision to this Court with a recommendation that the proceedings taken by the Sub-Divisional Magistrate, Barnala in regard to an enquiry pending under S. 107, Criminal Procedure Code, should be quashed.
(2.) The facts of this case are that the Deputy Superintendent of Police, Barnala, presented a report on 16-2-1959 to the Magistrate to the effect that six persons named in the report were disturbing public tranquillity and were taking the law into their own hands and that the public apprehended imminent danger of a breach of the peace at the instance of these person. It was submitted that if these persons were not immediately bound over in the sum of Rs. 25,000/ each for a period of one year, there would be danger of a breach of the public peace and that they should, therefore, be put on interim security under S. 117 (3), Criminal Procedure Code. It was also prayed that non-bailable warrants of arrest in respect of offences under Ss. 151/107, Criminal Procedure Code, be issued. It was stated that these person were instigating members of the public to commit breach of the peace by agitating against the increasing prices of food-grains and betterment levy.
(3.) On receiving this report the Sub-Divisional Magistrate passed the following order: "Presented by the Deputy Superintendent of Police. It may be registered. Issue non-bailable warrant. To come up on 20-2-1959. Sd./- S. D. M. Barnala". In pursuance of the above order of the Sub-Divisional Magistrate, non-bailable warrants of arrest were issued against the six persons two of whom Jangir Singh alias Jagtar Singh and Arjan Singh were arrested on 17-2-1959. Jagtar Singh was produced before the Sub-Divisional Magistrate on 17-2-1959, and when rendered into English, the order ran as under: "In the office of the S. D. M., Barnala: A. S. I., Balwant Rai has produced Jagtar Singh respondent after arresting him. The case to come up for proper proceedings on the date fixed ; If Jagtar Singh respondent furnishes a surety in the sum of Rs. 10,000/- and a personal recognizance bound in the like amount for his appearance in Court and also a surety in the sum of Rs. 15,000/- together with personal bond in the like amount under S. 117 (3), Criminal Procedure Code, then he be released. In case he does not furnish the requirement sureties and bonds, he be admitted to the judicial lock-up, Barnala, Dated 17-2-1959. Sd/- S. D. M., Barnala". Similar order was passed on 18-2-1959 in respect of Arjan Singh when he was produced before the Magistrate. The two petitioners feeling aggrieved Judge who has made the above recommendation * for the setting aside of the above order.;