Law: Criminal Procedure Code, 1898

Section: S. 107

Criminal Procedure Code (V of 1898), S. 107-Failure of Magistrate to give notice or information of the exact accusation to persons proceeded against-Order binding down such persons illegal.   In proceedings under section 107 of the Criminal Procedure Code, 1898, the failure on the part of the Magistrate to give the persons proceeded against notice or information of the exact accusa tion that they are called upon to meet and rebut renders the order binding down such persons illegal. Even where the persons pro ceeded against were represented by a lawyer before the Magistrate and the witnesses of the prosecution were cross-examined, it would be difficult to hold that the failure on the part of the Magis trate to give to the persons proceeded against notice of the allega tions on the basis of which they were proceeded against did not prejudice them and as such an order binding down the persons proceeded against under section 107 of the Cole in such circum stances cannot be sustained.   Abdul Mazid v. Crown (1953) 5 D L R 109; Ujagarsing v. Emperor 30 Cr. L J 839; Sultan Khan v. Emperor 26 Cr. L J 767; Ce K. R. Reddi 21 Cr. L J 354 and Bengali 4hir and another v. Chaturbhuj Prasad A I R 1941 Pat. 241 ref. JUDGMENT   In this case a Rule was issued calling upon the District Magistrate, Bogra, to show cause why the order complained of binding the petitioners under section 107 of the Code of Criminal Procedure should not be set aside.   It appears that on the report of the local police submitted on the basis of complaintmade by the opposite-party Naba Kanta, the learned Sub-Divisional Magistrate concerned passed the following order   "Accused present. Draw proceeding under section 107, Cr. P. C., against the accused asking them as to why they should not be ordered to execute a bond of Rs. 500 with two local sureties of the like amount to keep peace for a period of one year. The proceeding is read over and explained to the accused who pleads not guilty. Transferred to Mr. T. U. Khan, Magis trate, 1st Class for favour of disposal."   The above named Magistrate to whom the case was thus transfer red thereafter took evidence and heard…