In Re: Kontam Hampaiah and Others

Byers, J.—This reference by the learned District Magistrate of Bellary arises out of an order for arrest directed by the Sub-Divisional

Magistrate of Adoni u/s 114, Cri. P.C. As the learned District Magistrate has pointed out in his order of reference, this section is applicable only to

the stage prior to the service of the preliminary order u/s 112 of the Code and, it can have no application as a preventive measure after the

counter-petitioners have appeared in order to show cause. If speedy remedy is considered desirable after appearance has been entered, there is

Section 117 (3) under which preliminary bonds can be taken, as they have been taken in this case, and pending their completion the counter-

petitioners can be held in custody, or in default of execution they can be kept in custody until the inquiry is completed. The order of the Sub-

Divisional Magistrate is clearly without jurisdiction and is ordered to be set aside. As the learned District Magistrate has already enlarged the

counter-petitioners on bail no further orders in this respect are necessary.