K. Sadasivan, J.

1. The counter petitioners in M. C. 13/69 on the file of the Executive First Class Magistrate, Tellicherry are the revision petitioners. Proceedings under S.107 of the Code of Criminal Procedure were taken against them by the learned Magistrate on the report of the Circle Inspector of Police. Tellicherry that they are likely to create a breach of peace and disturb public tranquility within the jurisdiction of the Tellicherry police. The learned Magistrate acting under S.107 has passed a composite order purporting to be falling both under S.112 and 117(3) of the Code. Two points were raised before me against the validity of the order and they are:-

(i) The grounds stated for the initiation of the proceedings are irrelevant and in any event insufficient for passing an order either under S.112 or 117(3) of the Code; and

(ii) The order is illegal, in that it is in violation of the mandatory provisions of the Code. I think there is considerable force in the contention of the learned 'counsel.

2. Point No. 1: The 'sine qua non' for the institution of a proceeding under S.107 is that the Magistrate shall be of opinion that there is sufficient ground for proceeding. It m