JUDGMENT

C.B. Capoor, J. - This is a petition Under Section 561A of the Code of Criminal Procedure for the quashing of proceedings Under Section 107/117 Code of Criminal Procedure pending against the Applicants. The main ground on which the petition is based is that by a notice issued Under Section 112 of the Code of Criminal Procedure the Applicants were required to show cause as to why they be not required to execute a bond to keep peace for a period of one year and as the said period of one year has expired the proceeding cannot continue and in support of that contention reliance has been placed upon a ruling of this Court reported as Babu Ram and Anr. v. Rex AIR 1949 Allahabad 21: 1948 AWR 214 (H.C.). Before proceeding to discuss the aforesaid decision I propose to consider the question as if it were one of first impression. The Applicants have not been required to furnish interim security and as such Section 117 of the Code is not material. The relevant sections of the Code are 107, 112, 118 and 120.

2. Sub-section (1) of Section 107 of the Code of Criminal Procedure inter alia provides that whenever a Presidency Magistrate, District Magistrate, Sub-Divisional Magistrate or Mag