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1999 Supreme(Mad) 2357

KUMARAYYA
Yedugundla Ramanaiah – Appellant
Versus
The State, S. H. O. , Allur – Respondent


Advocates:
N. Subba Reddy, Advocate, for Petitioners.
Innayya Reddi, for Public Prosecutor on behalf of the State.

Order.-

The petitioners were respondents Nos. 7, 26 and 41 to a proceeding before the Sub-Divisional Magistrate, Kavali, started on the Police report under section 107 Cr.P.C. in M.C.No 64of 1965. It appears there took place more than one incident on 26th November, 1965, and a single incident on 29th September, 1965, in the village, Allurpet and several person were directly involved therein. These incidents were in relation to different persons in the village in different hours. On the reports of the respective persons concerned, the Sub-Inspector of Police moved the Sub-Divisional Magistrate to start proceedings under section 107, Criminal Procedure Code The Sub-Divisional Magistrate, on the basis of the report, issued an order under section 112, Criminal Procedure Code, informing the respondents what they had committed wrongful and violent acts involving breach of peace and calling upon them to appear in person and show cause why each one of them should not be ordered to execute a bond for Rs. 1,000 with two sureties for a like sum for keeping peace for a period of one year. The petitioners contend that section 107, Criminal Procedure Code, is intended to be preventive and not pu





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