HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1614 OF 2007 Date: 04.02.2010 Between: Yelgewar Gnaneshwar and 6 others ……Petitioners And: The State of A.P., rep. by its PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1614 OF 2007 ORDER: This petition is filed under Section 482 Cr.P.C for quashing order dated 05.02.2007 passed by the Sub Divisional Magistrate and Revenue Divisional Officer, Bodhan in M.C. No.1/2007 by which the Sub Divisional Magistrate directed the respondents 1 to 7 therein who are the petitioners 1 to 7 herein to appear on 15.03.2007 at 3.00 P.M. On complaint filed by the 2nd respondent under Section 107 Cr.P.C, the Sub Divisional magistrate passed the said order-cum-notice. It is contended by the petitioner’s counsel that final order was passed by the Sub Divisional Magistrate under Section 107 Cr.P.C without following the procedure prescribed by Section 111 Cr.P.C. As per Section 111 Cr.P.C, when a Magistrate acting under Section 107 Cr.P.C deems it necessary to require any person to show cause, he shall make an order in writing setting forth substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties if any required. Thus, under Section 111 Cr.P.C the Magistrate is expected to pass an order in the nature of show cause notice specifying contents of the petition filed by the other side and setting out details of the bond to be executed by the person to whom such notice is given. When examined in the light of language of Section 111 Cr.P.C, it is evident that the Sub Divisional Magistrate has truly complied with requirements of Section 111 Cr.P.C in letter and in spirit. Even though the impugned order reads as if it was passed under Section 107 Cr.P.C., it was in fact passed in a petition filed under Section 107 Cr. P.C by following requirements of Section 111 Cr.P.C. Mere mentioning of bond amount etc., to be furnished by the petitioners herein cannot be read as the Sub Divisional Magistrate passing final order under Section 107 Cr.P.C., without following procedure prescribed by Section 111 Cr.P.C. Hence, this Court of the opinion that the impugned order is in accordance with law and is not liable to be quashed. In the result, the petition is dismissed. It is open for the petitioners 1 to 7 to appear before the Sub Divisional Magistrate and make representation about falsity if any in the complaint filed by the 2nd respondent. __________________________________ SAMUDRALA GOVINDARAJULU,J Date:04.02.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1614 OF 2007 Date: 04.02.2010 Gk.