The information received by the Magistrate must be specific and definite and must conform to the requirements of Section 112 of the CrPC.

P. M. Sinha, J.

1. This application is for quashing the proceeding started against the four petitioners under Sec.107, Criminal procedure Code (for short "the Code") on the ground that there is no case for action under this section, the preliminary order which was pased on 19th March, 1979 by the Subdivisional Magistrate, Hilsa in Case No.120-M of l979 (State V/s. Dr. Ram Raj Prasad Singh and others) giving the substance of the information received by the Magistrate is as below :

"whereas I am satisfied from the report of S. I. Chandi P. S. vide f. I. R. No.24/79 that there is serious apprehension of breach of peace at the hands of O. Ps. It appears from the Police reports that the members of O. P. abducted one Gangadhar Pd. Baskore of village Kharjama who was a candidate of Pramukh, The O. Ps are desparate, turbulent and are bent upon to create further trouble. "hence I, S. M. Sinha, S. D. M. Hilsa, in the interest of law and order do hereby draw up proceeding under Sec.107, Criminal Procedure code against the O. Ps asking them to show cause by 28-3-79 as to why they should not be orderd to execute bond of Rs.1000 to maintain peace and order for one year. "the above order was passed by the Magistrate on the basis of the. police report according to which Gangadhar Prasad Baskore a Harijan leader and a candidate for the office of Pramukh was abducted from the road and confined in a house for the whole day by the petitioners and was released from coafinment only; in the evining of 10th March 1979 at about 7 p. m. It appears that a criminal case under Sec.366/368 of the Indian Penal Code was initiated against the petitioners by one Rameshwar Prasad, Mukhiya, Gram Panchayat. It is further stated in the police report that the petitioners were influential persons and they could compel Gangadhar Prasad Baskhore to change his statement and they could (sic) him and there was also danger to the life and property of Gangadhar"

Prasad.

2 Counsel appearing on behalf of the petitioners contends that the information received by the Magistrate is vague and not definite and hence the proceedings is question are liable to be quashed. In my opinion, the contention is well-founded and must prevail. The preliminary order afcer stating that the petitioners had abducted Gangadar Prasad Baskhore who was a candidate for the office of the Pramukh says that these petitioners are desperate, turbulent and were bent upon to create further trouble. It does not state that petitioners were likely to comit any particular or definit wrongful act or breach of the peace. Even the police report is silent about any specific or particular act likely to be committed by the petitioners for disturbing the public tranquility or which might occasion a breach of the peace. It mentions only a vague and general apprehension that the petitioners may compel Gangadhar Prasad Baskhore to change his statement or they may tease him or put his life or property in danger. It is not at all clear as to whether any particular act was going to be committed by the petitioner. The police report as well as the preliminary order refers only to the past act alleged to have been committed by the petitioners on 10th March, 1979 in connection with the election of Pramukh. Furthermore the petitioners have been dealt with in a lump. There is absolutely nothing either in the police report or in the preliminary order or in the proceeding that any of the petitioners individually was going to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility. It is a well-settled principle that where substantive offences are committed by a person, the proper procedure is to institute regular cases for those offences under the Indian Penal Code or other acts and not to start proceedings under Sec.107 of the Code for them. In the present case a case under Sec.365/368 of the Indian Penal Cod