Both these applications arise out of the same order under which proceeding under section 107 of the Code of Criminal Procedure, 1898 (hereinafter to be referred to as the Code) has been drawn up against the petitioners in both the cases and they have been asked to show cause as to why they should not be ordered to execute bonds of a certain amount for keeping the peace for a period of one year. Both these petitions have been heard together and this order will govern both of them.

2. The petitioners in criminal miscellaneous 6 of 1972 have been described in the show cause notice as first party. The petitioners in criminal revision 2645 of 1971 have been described in that notice as second party.

3. The contention raised in both these applications is that the proceeding under section 107 of the Code ought to be quashed against them because from the notice no specific overt Act, is discernible against any of the petitioners. In other words, there is no due compliance with the terms of section 112 of the Code and consequently the proceeding ought to be quashed. I have been taken through the order sheet entry of the learned Magistrate ordering the proceeding to be drawn up against the petitioners under section 107 of the Code and also the notice issued to the petitioners in pursuance thereof. According to the learned Counsel for the petitioners, the substance of the information as given in the notice was of such a general nature and so vague that the petitioners would not be in a position to have any clear idea of the accusation against them and to meet them. The entry in the learned Magistrate's order sheet is dated 16.11.71 and reads as under :

"Perused the report of the S.I. Police Kako P.S. duly recommended by D.I. Police Jehanabad for taking action under section 107 Cr. P. C. against the members of both the parties. From the perusal of the report I am satisfied 'that there' is serious apprehension of breach of the peace between the parties as both the parties are daggers drawn with each other and there exists long standing enmity and very tense feeling between the parties. Draw up, proceeding under section 107 Cr. P. C. against both the parties directing them to appear in person and to show cause, if any, as to why they shall not be ordered to execute bond of Rs. 2000/- each with 2 sureties of the like amount each to keep peace for a period of one year. Cause to be shown, if any, by 22.11.71".

The notice which went out to the petitioners in pursuance of the said order passed by the learned' Magistrate is in the following terms :

"Where as from the report of S.I. Police Kako dated 15-11-71 July recommenced by D. I. of Police Jehanabad for taking action u/s 107 Cr.P.C. against the members of the both parties it appears that there exists very tense feeling and long standing enmity between the parties. Both parties are daggers drawn with each other. They came to clash for which Jehanabad P.S. case No. 18(9)71 u/s 147/148/324/323 I.P.C. has been instituted and since then both the parties are in search of opportunity to take revenge from each other. Both the parties are desperate litigant, turbulent and law breaker. They are taking the law in their own hands, and want to break the public peace and tranquility. There is every likelihood of serious class bloodshed and riot at any moment.

I am therefore satisfied that there is serious apprehension of breach of the peace and public tranquility at the hands of members of both the parties within the local limits of my jurisdiction.

I do therefore under the provision of section 107 Cr. P.C. call upon the members of both the parties directing them to appear in person and to show cause, if any, as to why' they shall not be ordered, to execute bond of Rs. 2000/- each with 2 sureties of the like amount each to keep peace for a period of one year. Cause to be shown if any by 22.11.71"

4. An argument was made on behalf of the petitioners that the order in writing was absolutely vague. Th