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1954 Supreme(AP) 86

P.CHANDRA REDDY
In Re: Venkatasubba Reddy – Appellant
Versus
. – Respondent


P. CHANDRA REDDY, J.

( 1 ) THE petitioners in this case seek to have the order passed by the Sub-Divisional Magistrate (Executive), Madanapalle, under S. 117 (3), Criminal P. C. , revised. ( On information laid before him by the Police that the petitioners were likely to commit a breach of the peace, and disturb the public tranquillity, and also do wrongful acts which might occasion a breach of the peace, or public tranquillity, the Magistrate issued an order under S. 112, Criminal P. C. As a part of it, he also directed the petitioners to execute interin bonds as he considered that immediate measures were necessary for the prevention of the breach of the peace or public tranquillity. It is this order that is under revision.

( 2 ) IT is urged by Mr. Bhujanga Rao in support of this Revision Case that a Magistrate issuing an order under S. 112, Criminal P. C. , cannot pass an order under S. 117 (3), Criminal P. C. , before the enquiry starts, under sub-s. (1) of S. 117, Criminal P. C. There is substance in this contention. Under S. 112, Criminal P. C. , the Magistrate has to issue notice to the persons concerned setting forth the substance of information received, the amount of the bo





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