Law: Criminal Procedure Code (V of 1898)

Section: 107

(a) Criminal Procedure Code (V of 1898)----- ----S. 107 Security for keeping peace Licensed gun of person proceeded against cannot be confiscated under S. 107.  (b) Criminal Procedure Code (V of 1898)------ ----S. 107 Security for keeping peace Magistrates power to take security under S. 107 Limited to one year Further insistence on such security, held, totally illegal Proceeding quashed. The State v. Shafi Muhammad P L D 1.961 Kar. 118 rel. Syed Afzal Haider for Petitioner. Niaz Ahmad Siddiqui for A.G. for the State.JUDGMENTThis is an application by Mr. Nur Nabi for transfer of a case pending against him in the Court of Mr. Zafar Yasin, City Magis�trate Bahawalnagar, and in the alternative, for quashing the said proceedings.2. The material facts are that on the 20th of December 1965 one Muhammad Amin, son of Sultan filed a complaint against the petitioner under section 107, Cr. P. C. in the Court of Mr. Zafar Yasin, City Magistrate, Bahawalnagar. The allegation of Muhammad Amin appears to have been that the petitioner had threatened to shoot him (Muhammad Amin) with a gun belonging to the petitioner. The petitioner happened to be in the said Court on the 2nd of January 1966, when he was directed to appear again on the 6th of January 1966 in connection with the said complaint filed by Muhammad Amin, and to produce his licensed gun for confiscation. The petitioner duly appeared in the said Court, and by his order dated the 6th of June 1966, the learned Magistrate ordered that the gun be deposited with the Police malkhana. Again on the 22nd of February 1966, the learned Magistrate issued a notice to the petitioner under section 107 of the Criminal Procedure Code to show cause why he should not be ordered to furnish security in the sum of Rs. 2,000 for one year to keep the peace, because he had threatened to murder Muhammad Amin with his gun. This order was served on the petitioner on the same day, his examination was made by the learned Magis�trate on the same day, the petitioner was jailed until the 26th of February 1966 when he was released on furnishing bail. Aggrieved by these orders, the petitioner filed this…