Law: Criminal Procedure Code (V of 1898)

Section: 107,150,112,114,115

(a) Criminal Procedure Code (V of 1898)--- ----S. 107---Security for keeping peace---Condition precedent for taking cognizance and proceedings under 5.107, Cr.P.C. was that information was received by Magistrate which had constituted apprehension of breach of peace or disturbance in public tranquillity---Such information must be clear, unambiguous containing tangible facts justifying an action against the person complained of---Proceedings under S.107, Cr.P.C. were not penal, but punitive---Magistrate upon receiving the information had to record reasons for passing preliminary order---Merely because the parties were not compromising in the matter relating to monetary transaction, would not warrant action under S.107, Cr.P.C.---Magistrate was not required to act upon the police report mechanically without applying his judicial mind and discretion vested in him---Proceedings under Chap.VIII of Criminal Procedure Code, 1898 being judicial same should be conducted in accordance with law. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 107, 112 & 114---Security for keeping peace---Summons or warrant in case of person .not present in the Court---If a person against whom order under S.112, Cr.P.C. was passed was not present in the Court, the Magistrate was required under S.114, Cr.P.C. to issue a summons in the first instance for his appearance before the Court---If the Magistrate was of the opinion that there was imminent apprehension of breach of peace which could not be averted, the Magistrate could issue a warrant for the arrest of the person---For issuing warrant, it was required by law that Magistrate had to assign reasons in writing for taking that extraordinary step. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 112, 114 & 115---Issuance of summons or warrant---Provisions of S.115, Cr.P.C. had envisaged that every summons or warrant issued under S.114, Cr. P.C. should be accompanied by a copy of order under S.112, Cr.P.C.---Non-compliance of mandatory provisions of S.115, Cr.P.C. vitiated the proceedings---Wisdom of the Legislature enacting said provision of law appeared to be that the respondent must know the reasons for the curtailment of his…

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