and has invoked powers vested on him in a callous manner. The mere fact that the petitioner is involved in criminal acts could not have been taken as the basis to issue a preventive order against the petitioner herein. The reasons which persuaded the Sub Divisional Magistrate to initiate proceeding is not disclosed in the order. In the absence of any evidence rendering a breach of peace probable, a Magistrate is not justified in calling upon parties, to show cause why he should not enter into recognizances, and on his failure, to make an order under the section. (see Moidu v. State of Kerala [1982 KLT 578]. It is also not open to the Magistrate to draw up proceedings against persons under Section 107 based on vague hunches or general statements. Annexure-A4 order does not state in what way or with reference to what matter the petitioner was likely to commit a breach or peace. There was no tangible evidence before the learned Magistrate that some definite Act is contemplated, which Act, if committed, is likely to cause breach of peace. Annexure-A4 order does not fulfill the requirement under Section 111 and reveals total non application of mind.
