An order under section 117 (3) of the Code is not a mere routine order but is an order designed to meet an emergency. The Magistrate must direct his consideration particularly to the question of emergency and the necessity of immediate measures as a separate case.

( 1 ) ON behalf of Tara Chand of Kucha Dakhini Rai, Darya Ganj, Delhi, a petition was submitted for quashing an order passed by Shri Omesh Sehgal, Sub-divisional Magistrate, Delhi, under section 117 (3) of the Code of Criminal Procedure (hereinafter referred to as "the Code" ). By that order the petitioner was directed to execute a personal bond in the sum of Rs. 5,000. 00 with two sureties in the like amount, for keeping peace until the conclusion of inquiry in connection with a report against him under section 107 of the Code.

( 2 ) IT was stated in the petition that the learned Magistrate did not apply his mind to the legal requirements of section 117 (3) of the Code and passed the order mechanically on a printed form of the court of another Magistrate (Shri R. K. Anand, Subdivisional Magistrate, New Delhi) and that the portions meant for recording necessary particulars in that form had been left blank. It was further mentioned that the amounts of sureties demanded from the petitioner were "extremely onerous" and that this had been done with a view to keep him in detention. According to the petitioner the entire proceedings in the case, under section 117 (3) of the Code were an abuse of the process of the court in what was otherwise a purely industrial dispute.

( 3 ) AS serious allegations were made that the order under section 117 (3) of the Code had been passed on a printed form of the court of another Magistrate and the necessary particulars had not been filled up in that form, the record of the case was obtained.

( 4 ) THE record shows that Tara Chand petitioner was arrested by the police under provisions of section 151 in connection with a report made against him under section 107 of the Code. That report was made by Dharam Pal, driver of a jeep and two others, alleging that on January 14, 1968, he had thrown a stone at jeep No. DLT-1545, in front of the Claridge s Hotel, as result of which the front glass of the vehicle was broken. The petitioner was as well alleged to have held out a threal to Tara Chand that he would not leave him alive.

( 5 ) THE petitioner was produced before Shri Omesh Sehgal, Sub-divisional Magistrate, on January 15,1968. Orders under sections 112 and 117 (3) of the Code were made by the Magistrate on the same day. By his order under section 112 the petitioner was required to show cause why he should not be required to execute a bond for Rs. 5,000. 00, with two sureties in the like amount, for keeping the peace for a period of one year. The order under section 117 (3) of the Code was as under:-

"in the Court of Shri R. K. Anand, Sub-divisional Magistrate, New Delhi.

STATE Versus --------------------------

UNDER Section 117 (3) Criminal Procedure Code.

( 6 ) THREE persons, named Dr. Dharam Veer, Shri Vishan and Shri D. D. Singh, offered themselves as sureties but the surety bonds furnished by them were not accepted. Regarding Dr. Dharam Veer and Shri Vishan it was remarked by the learned Magistrate that they were not in a position to keep control over the petitioner and their identity had not been established. The third surety was rejected because he was not considered to be of good financial position. Thus the surety bonds not having been accepted the petitioner has been in detention from the date of his arrest.

( 7 ) UNDER section 107 of the Code whenever a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class 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, the Magistrate if in his opinion there is sufficient ground for proceeding may, in manner provided in the Code, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix. When the Magistrate ac