JUDGMENT

H.C.P. Tripathi, J. - On 18th of July, 1963 the Station Officer, Kaimganj made a report to the Sub-Divisional Magistrate for taking proceedings under Section 107, Cr. P. C. against the applicant and some others. On this report the Magistrate passed the following order.

"Register and summon the accused for 21-8-1963". Aggrieved by that order the applicant came up in revision before the learned Temporary Sessions Judge, Farrukhabad, who has referred the case to this Court with a recommendation that the order of the learned Magistrate be quashed.

2. In his explanation, the learned Magistrate has submitted that as he was satisfied with the report of the Station Officer the applicant was summoned and notice under Section 112, Cr. P. C. would have been served on him after his appearance.

3. Section 115 of the Code lays down that every summons issued under Section 114 shall be accompanied by a copy of the order made under Section 112. This shows that summons cannot be issued to an accused in a proceeding under Section 107, Cr. P. C. unless an order has been passed by a Magistrate in accordance with Section 112, Cr. P. C. which has to accompany the summons.

4. In this view of the ma