GAJENDRA KUMAR SINGH Vs. RANJAN KUMAR SINGH AND ORS.

JUDGEMENT

(1.) Both the applications arise out of the same proceeding and that being so with the consent of the parties they have been heard together and are being disposed of by common judgment. On the basis of police report, a proceeding under Sec. 107of the Code of Criminal Procedure (hereinafter referred to as the 'Code') was drawn up in between Ranjan Kumar Singh and others first party (at present opposite party) and Gajendra Kumar Singh and another (here petitioners as 2nd party) on 18.2.1984 by the Executive Magistrate, Banka and notices were issued against them to appear and show cause. Thereafter Ranjan Kumar Singh, opposite 1st party, lodged a Sanha on 27.2.1984 on the basis of which the police submitted a report on 27.2.1984 for taking action under Sec. 116 (3) of the Code against these petitioners and, accordingly, notices were issued to these petitioners on 3.5.1984 to show cause as to why action under Sec. 116 (3) of the Code be not taken against them. A copy of the aforesaid orders are Annexures here.

(2.) In pursuance of the notices, three of the petitioners appeared on 26.4.1984 and the fourth petitioner appeared on 5.5.1984. Ultimately by order dated 18.5.1984 the proceeding was transferred to Shri P. Razak, Executive Magistrate for disposal. The petitioners also filed show cause against ad interim bond, as provided under Sec. 116 (3) of the Code. The proceeding remained pending. On 10.11. 1984 the learned court below extended the life of the proceeding under Sec. 116 (6) of the Code for three months as in his opinion there was still apprehension of breach of the peace. By order dated 30.11.1984, the learned court below directed these petitioners to execute ad interim bond under Sec. 116 (3) of the Code of Rs. 2,000/ - each to keep (sic) during the pendency of this proceeding.

(3.) Against the order dated 30.11.1984 Criminal Revision No. 1014 of 1984 has been filed and by Criminal Miscellaneous No. 116/ 85 the petitioner have sought to quash the proceeding under Sec. 107of the Code for the reasons mentioned therein.