HASIBUDDIN AND 39 OTHERS Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) A proceeding under Sec. 107 of the Code of Criminal Procedure was started against Hasibuddin and 39 others by Sri J.N. Prasad, Magistrate, First Class, Kisanganj (Purnea), on 1st May, 1969, when he perused a report of the Officer -in -charge of Pothia police station, dated the 28th April, 1969, and the recommendation of the Circle Inspector of Thakurganj dated the 28th April, 1969. He called upon the petitioners in the court below to show cause as to why they should not execute bonds of Rs. 2,000/ -, with two sureties of the like amount each, for keeping peace for a period of one year. The cause was to be shown by the 28th May, 1969.

(2.) The main question to be decided in this reference is, whether an order of a Magistrate passed under Sec. 112 of the Code of Criminal Procedure, without giving the substance of the information received, should be allowed to stand or should be quashed. Sec. 112 reads as follows:

(3.) There have been a number of decisions concerning this aspect of the matter, and I may refer to one of the earliest decision on this point given by Fazl Ali, J. (as he then was) in (1) Amanat Ali V. Emperor ( : A.I.R. 1929 Pat 67). I may quote the following few lines from his Lordship's judgment: