The legal requirements under Section 107 of the Code of Criminal Procedure must be met, and the magistrate must specify grounds for forming an opinion.

S.K.Jain, J.

1. Complaint Annexure P- I and the summoning order Annexure P-2 passed by the Sub Divisional Magistrate, Kapurthala, are sought to be quashed through this petition under Section 482 of the Code of Criminal Procedure.

2. Smt. Surinder Kaur respondent herein, had filed a complaint against the petitioner and 22 others alleging that her father-in-law Chuni Lal had left a Will in respect of 94 Kanals 13 Marlas of land situated in the revenue estate of Kapurthala in favour of his grandsons (sons of the complainant). Since the beneficiaries were minors, the land was being managed and looked after by her. It was contended on her behalf that litigation was going on in respect of the said land between the parties. Entries in the Khasra Girdawaris were made in her favour right from the year 1984 when she had sown paddy crop on the land, in dispute and when the crop had ripened the respondents did not allow her to reap the same. She had further alleged in the complaint that the respondents had not allowed her to construct a house in the land in question. She had also alleged that besides having threatened to kill her the respondents had assaulted her on 2-2-1988.

3. On the abovesaid complaint having been filed the Sub Divisional Magistrate, Kapurthala, vide order Annexure P-2 summoned the petitioner for 26-2-1989. Feeling aggrieved, the petitioner has filed this petition.

4. I have heard learned counsel for the parties at length and perused the documents placed on the record of this case.

5. Section 107 of the Code of Criminal Procedure is reproduced below for ready reference.

107. Security for keeping the peace in other cases

1) When an Executive Magistrate receives information 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 and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, 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.

(2) * * * *

From an analytical examination of the abovesaid provision it is clear that in order to assume the jurisdiction to act in the manner provided by the provisions that follow section 107 (1) of the Code, the Magistrate has to state in his order grounds sufficient for his forming the opinion that any person was likely to commit the breach of the peace or disturb the public tranquillity or to do any wrongful act which may probably occasion a breach of the peace or disturb the public tranquillity. Identical situation arose before the Delhi High Court in Dhani Ram v. State, 1973 PLR 187, wherein it was held that if the order passed under section 107 of the Code does not specify the grounds leading to the formation the opinion by the Magistrate then the order will not only suffer from arbitrariness and from being a mere colourable use of the statute but will also be such which the superior Court will not be able to scrutinize for judging its validity." It was further held that whenever an order is to be passed under section 107 (1) of the Code, it must record those grounds which may be sufficient in the opinion of the Magistrate for proceeding in terms of the authority provided by the provision."

6. Perusal of the impugned order shows that the abovesaid requirement of law was not met with. Therefore, the order annexure P2 is not sustainable in the eye of law and is hereby quashed.

7. Perusal of the complaint annexure P-1 shows that no date whatsoever except the one (2-2-1988) with regard to the last occurrence has been mentioned therein. No time has been given. The various acts committed by different accused have not been specified. In the totality of the facts and circumstances of this case, I am of the opinion that it will be an abuse