KAILASH SINGH AND ORS. Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This application is for quashing of a proceeding under Sec. 107 of the Code of Criminal Procedure (hereinafter referred to as the Code) in case No. 675 of 1982 pending in the court of the Sub -divisional Magistrate, Aurangabad. The proceeding was initiated on the basis of a police report. The police report has been annexed to this application and marked as annexure -3. It has been stated in it, that on account of murder of Mukhiya, Sinha Nath Singh, the petitioners and some others, who have been made the second party in the said proceeding, are quarrelling among themselves and they are planning for some major offence and that being so there is an apprehension of breach of the peace.

(2.) The learned Magistrate, on the basis of the police report mentioned above, has drawn the proceeding and has noticed for showing cause as to why the petitioners be not asked to execute a bond for Rs. 20,000/ -(Twenty thousand) with two sureti of the like amount each for a period of one year. From the perusal of the order of the learned trying Magistrate dated 7.6.1982, it will appear that practically he has copied out the words and sentences of the police report and further he has stated that on being satisfied of the police report, the proceeding is being drawn. In pursuance of the order dated 7.6.1982 passed by the learned Magistrate, notices have been issued to the parties, a copy of which has been annexed and marked as annexure -2 to this application It appears that the notice is a cyclostyled one and in the blank space left the following endorsement has been made, which appears to be substance of accusation probably. It runs as follows: -

(3.) First, I will take the first part of the submission. I have no hesitation in saying that the substance of accusation, as it deserves to be, enabling the petitioners to file an effective show cause and contest the same, has not been mentioned.