A Magistrate has no jurisdiction to pass an order under Sec.117(3) along with one under. Sec.112, as has been done in this case. An order made under Sec.117(3) is certainly bad if it is not accompanied by reasons recorded in writing why the Magistrate wants to take this emergency measure.

Banerji, J.

1. The petitioners are railway employees and have been serving in various capacities within the Sub-Division of the district of Manbhum. On 8-5-1956, petitioner Jatindra Mohan Biswas was produced before the Sub-divisional Officer, Purulia, under arrest under Sec.151, Criminal P. C., by the Officer-in-charge of the Adra Government Railway Police Station. He was released on bail on 9-5-1956, but, on 12-5-1956, after perusing a report submitted by the Sub-Inspector of the Government Railway Police Station at Adra, the learned Sub-divisional Officer drew up proceedings under Sec.107, Criminal P. C., not only against petitioner Jatindra Mohan Biswas, but also against the three remaining petitioners, directing them to appear before him on 23-5-1956, and to show cause as to why they should not be ordered to execute a bond of Rs. 2000.00 each to keep the peace for a period of one year.

He further directed the petitioners to execute ad interim bonds of Rs. 2000.00 each to remain peaceful till the decision of the proceedings under Sec.107, Cr. P. C. under Sec.117(3), Cr. P. C. He fixed 18-5-1956 for execution of the ad interim bonds.

2. A petition was filed on behalf of the petitioners on 18-5-1956, challenging the order purported to have been made under Sec.117(3), Criminal P. C., but the prayer was turned down and it was ordered that the petitioners must furnish ad interim bonds on the date fixed.

3. On 23-5-1956, it was contended on behalf of the petitioners that normalcy had already returned in the locality concerned and there was no occasion now to furnish any ad interim bond. That prayer was also refused, and the petitioners have now come to this Court for setting aside the order purported to have been passed under Sec.117(3), Criminal P. C., and also for quashing the entire proceeding under Sec.107, Criminal P. C

4. Three points arise for decision in this case : firstly, it has to be determined whether the learned Sub-divisional Officer was justified in passing a composite order under Sec.112 and under Sec.117(3) of the Criminal P. C., secondly, whether he was bound to give reasons while ordering the petitioners to execute ad interim bonds under Sec.117(3), Criminal P. C., and, thirdly, whether it is a fit case for quashing the entire proceeding under Sec.107, Criminal P. C.

5. In order to appreciate whether a Magistrate is justified in demanding an ad interim bond under Section -117(3), Criminal P. C., while making an order under Sec.112 of the Code to show cause under any a of the sections, namely, SECTIONS 107, 108, 109 or 110, a survey of the few sections, touching on the subject under Chapter VIII of the Criminal P. C. may best be made here. Chapter VIII relates to security for keeping the peace and for good behaviour. The jurisdiction of a Magistrate of the class mentioned in Sec.107, Criminal P. C., arises under that section when such a Magistrate is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity. If such a Magistrate is satisfied that there is sufficient ground for proceeding against such a person, he should order him to show cause why he should not execute a bond with or without sureties for keeping the peace for a particular period. As we are not concerned here with Sections 108, 109 and 110, Criminal P. C., I will not refer to those sections.

6. It has to be established, prior to a person being asked to show cause, that he is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or dis-turb the public tranquillity. The next section is Sec.112 of the Criminal P. C. which gives the details of the nature of the order that has to be passed by the Magistrate and has to be served on the person proceeded against. This section is in the following words