107/116 notice

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If you could be more specific with respect to the context we could assist you better, 

The nature of proceeding drawn by the Magistrate under Sections 107 and 116 (3) of the Cr.P.C. has been dealt with by the Hon'ble Supreme Court in the matter of Madhu Limaye Vs. Sub-Divisional Magistrate, Monghyr and others1. It has been observed in paras-32 & 33 thus:-

“32. The gist of Section 107 may now be given. It enables certain specified classes of Magistrates to make an order calling upon a person to show cause why he should not be ordered to execute a bond, with or without sureties for keeping the peace for such period not exceeding one year as the Magistrate thinks fit to fix. The condition of taking action is that the Magistrate is informed and he is of opinion that there is sufficient ground for proceeding that a person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility. The Magistrate can proceed if the person is within his jurisdiction or the place of the apprehended breach of the peace or disturbance is within the local limits of his jurisdiction. The section goes on to empower even a Magistrate not empowered to take action, to record his reason for acting, and then to order the arrest of the person (if not already in custody or before the court) with a view to sending him before a Magistrate empowered to deal with the case, together with a copy of his reasons. The Magistrate before whom such a person is sent may in his discretion detain such person in custody pending further action by him.

33. The section is aimed at persons who cause a reasonable apprehension of conduct likely to a breach of the peace or disturbance of the public tranquility. This is an instance of preventive justice which the courts are intended to administer. This provision like the preceding one is in aid of orderly society 

and seeks to nip in the bud conduct subversive of the peace and public tranquility. For this purpose Magistrates are invested with large judicial discretionary powers for the preservation of public peace and order. Therefore the justification for such provisions is claimed by the State to be in the function of the State which embraces not only the punishment of offenders but, as far as possible, the prevention of offences.”

Chattisgarh high court has held that person facing such proceedings is not fit for appointment

Thank you

Appear before the magistrate and execute a peace bond.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding.

Please post the material facts.