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6. The learned counsel for the petitioners submitted that the enquiry under Section 116 of Cr.P.C is pending and no final orders have been passed under Section 117 of Cr.P.C and therefore, the proceedings initiated by the Sub Divisional Magistrate, Karaikal under Section 122 of Cr.P.C., is not maintainable and it is without jurisdiction. The learned counsel, by bringing to the attention of this Court the impugned proceedings, submitted that even from the record of proceedings, it is clear that the accused persons had executed bond only under Section 116 (3) of Cr.P.C, as an interim measure pending the enquiry under Section 116 of Cr.P.C. For this purpose, the learned counsel brought to the notice of this Court, para Nos.5 and 8 of the impugned Proceedings.

7. The learned counsel for the petitioners, therefore, concluded his arguments submitting that without a final order being passed under Section 117 of Cr.P.C, after conducting an enquiry under Section 116 of Cr.P.C, the Sub Divisional Magistrate, Karaikal, lacks jurisdiction to initiate proceedings against the accused persons under Section 122 (1) (b) of Cr.P.C.

8. Per contra, the learned Public Prosecutor appearing on behalf of the respondents submitted that there was no necessity for the Sub Divisional Magistrate, Karaikal, to pass an order under Section 117 of Cr.P.C, since the accused persons themselves have voluntarily executed http://www.judis.nic.in bond for keeping peace along with sureties and therefore there was no need to conduct an enquiry under Section 116 of Cr.P.C and pass final orders under Section 117 of Cr.P.C. The learned Public Prosecutor submitted that the petitioners have violated the conditions of the bond by committing another crime during the subsistence of the period of bond and therefore, the Sub Divisional Magistrate, Karaikal, had the power and jurisdiction for invoking section 122(1) (b) of Cr.P.C. The learned counsel submitted that there is no illegality in the proceedings initiated by the Sub Divisional Magistrate, Karaikal.

13. Thereafter, an enquiry is contemplated under Section 116 of Cr.P.C. During the pendency of the enquiry, if the Executive Magistrate considers that interim measures are necessary for the prevention a breach http://www.judis.nic.in of peace or disturbance of the public tranquility, he can direct the person concerned in respect of whom an order has been passed under Section 111 of Cr.P.C., to execute a bond for keeping peace or maintaining good behaviour. This is purely by way of an interim measure, pending the enquiry under Section 116 of Cr.P.C.

16. In the present case, it is seen from records that the proceedings are only at the stage of enquiry under Section 116 of Cr.P.C and an interim http://www.judis.nic.in bond has been executed by accused persons along with sureties under Section 116(3) of Cr.P.C. The final orders have not been passed under Section 117 of Cr.P.C. It is very clear from the reading of the very proceedings himself. While so, based on the special report given by the respondent police, the Sub Divisional Magistrate, Karaikal, has proceeded to initiate proceedings under Section 122(1) (b) of Cr.P.C. These proceedings, in the considered view of this Court, is in violation of the procedure contemplated under the Criminal Procedure Code and is one without jurisdiction, since the Sub Divisional Magistrate, Karaikal, gets the power only after final orders is passed under Section 117 of Cr.P.C.