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1975 Supreme(Ori) 43

G.K.MISRA, P.K.MOHANTI
BHIMA NAIK – Appellant
Versus
STATE – Respondent


JUDGEMENT

G. K. Misra, C. J. :- Petitioners are inhabitants of village Ghantasahi in Nayagarh police station in the district of Puri. In a proceeding initiated under Section 107 of the Criminal P.C. 1898 (hereinafter to be referred to as the old Code) a notice was issued to them under Sec. 114 of the old Code on 23-2-1974 by a Magistrate 1st Class, Nayagarh, calling upon them to show cause why they should not be ordered to execute a bond for Rs. 200/- with one surety each for the like amount for a period of one year for keeping the peace. On 4-7-1974 the Sub-Divisional Magistrate, Nayagarh, passed an order calling upon the petitioners to execute interim bonds under Section 117(3). The revision has been filed to quash his order.

The substantive part of the impugned order runs thus :

"On hearing the Advocates for the parties, I am convinced that complication and trouble are there in the village covering on several matters such as the right of passage on some land which were discovered to have belonged to a member of one party during course of last settlement, over alleged misconduct of the said member Shri Pabitra Mohanty with wife of another member of the same party, catching fish from
























































































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