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1952 Supreme(Ker) 56

KOSHI
Ittiaman – Appellant
Versus
State – Respondent


Judgment :-

1. This revision petition is directed against an order of the Division First Class Magistrate, Alwaye by which the learned Magistrate discharged counter petitioners 3 to 6 in M.C. 3 of 1951 on the file of his court. In that case six persons were being proceeded against under S. 107 Criminal Procedure Code (Travancore S.103) to show cause why they should not be bound over to keep the peace. When counter-petitioners 3 to 6 appeared in court pursuant to the notice issued to them, they filed an application requesting the court to drop the proceeding as against them at the same time undertaking that they will not commit any breach of the peace. The prosecution represented by the Prosecuting Inspector of Police supported the motion made by the said counter-petitioners and filed a report to the effect that there was no likelihood then of any breach of peace being caused by them. The present petitioner who moved the police to take action under S.107 against the counter-petitioners, sought to intervene at that stage to oppose the motion. The court held that he had no locus standi to intervene and passed orders under S.119 Criminal Procedure Code (Travancore S.115) discharging co







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