Law: Criminal Procedure Code (V of 1898)

Section: S. 107

Criminal Procedure Code (V of 1898), S. 107-"Likelihood of breach of peace"--Condition precedent for demanding security ---Magistrate failing to record any finding that person proceeded against was "likely to commit breach of peace or do any other acts" stated in S. 107-Demand of security, held, wholly unjustified ---Mere "danger" or "possibility of breach of peace"-Not sufficient for initiating proceedings-Provisions of section can be invoked only on finding based on legal evidence that breach of peace is imminent or probable-Burden of proof lies on prosecution. JUDGMENT   The question in this case is whether an order ought to have been made against the petitioner under section 107, Cr. P. C., when there is no finding whatsoever by the learned Magistrate demanding the penalty of the security that there was any "likelihood" of breach of peace, and the order is founded on the events that had been the subject of judicial pronouncement on the complainant under section 420, P. P. C. which resulted in the acquittal of the petitioner, and when on appeal the learned District Magistrate held "that the relations between the parties are still strained and danger of breach of peace exists."   The admitted facts giving rise to this revision petition are that the petitioner badobtained a provisional transfer order in regard to house No. 3115 situated in Kehal, Abbottabad. The petitioner allegedly approached Mst. Iqbal Begum (hereinafter to be referred to as the complainant) and expressed his willingness to transfer half of the house to her for Rs.26,000 on the assurance that the value of the house was Rs. 52,000 and believing in the assurance of the petitioner she paid Rs. 26,000 for one-half share of the house. Later on, she came to know that the reserved price of the house was Rs. 16,800. The y complainant on 15th December 1960, moved the Deputy Commis sioner, Hazara, that the petitioner bad committed an offence under section 420, P. P. C. The Deputy Commissioner, on 17th January 1961, recorded the following endorsement :-   "Illaqa Magistrate will look into this and take necessary action in…