P (PLP)

Section 113 reads: "If, the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him " Section 118 is to the effect: "If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case nay that the person in respect of whom the inquiry is .made should execute a bond, with or without sureties the Magistrate shall make an order accordingly Provided‑ First, that no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 112 It is now clear from sections 112 and 113 that the Magistrate should under section 112 have made an order in writing setting forth the substance of information received, the amount of the bond to be executed, the terms for which it was to be in force, and the number, character and class of surety required. That order should then and there have been read over and explained to those persons under section 113. The Magistrate in his explanation admits that he had not acted under: section 12 of the Criminal Procedure Code. He however says that as the persons were present before him hence he verbally explained to the that they were challaned by the Police under section 109 of the Criminal Procedure Code. I could not find material on both the files to support the explanation of the learned Magistrate. Though his explanation could not render his proceedings valid, yet his failure to comply with the imperative provisions' of sections 112 and 113 rendered .the proceedings of the Magistrate illegal. Clause I of section 118 of the Criminal Procedure Code clearly lays down that: . "none of those persons could be ordered to gave security of, a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 112? ? When there was no order under section 112, the Magistrate was incompetent to make his final order under para. I off section 118. See in this connection 36 All., p. 262 and 11 Cal., p. 13. The orders of the Magistrate being opposed to the law cannot be maintained. I, therefore, in my revisional powers set aside the orders and release Sultan and Ghulam Qadir. Their detention had been illegal and they have been detained about more than seven months. It would be unjust in the present circumstances to order their retrial. They should be released if not wanted in any other case. [The rest of the judgment is not material for the, purpose of this report]. R.M.A.??????????????????????????????????????????????????????????????????????????????????????????????? Order held illegal.