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Ram Badan Singh Vs. Janki and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1923)ILR45All363; 71Ind.Cas.692
AppellantRam Badan Singh
RespondentJanki and ors.
Excerpt:
criminal procedure code, sections 107 and 250 - security to keep the peace--section 250 not applicable to proceedings under section 107. - daniels, j.1. this is a reference by the learned sessions judge of ghazipur recommending the cancellation of an order of compensation passed under section 250 of the code of criminal procedure by a first class magistrate of ghazipur. the order was passed in proceedings under section 107 of the code of criminal procedure. section 250, by its terms, applies only to a case where a person is accused before a magistrate of an offence and, not to proceedings the object of which is to require him to give security to keep the peace. this has been held in the cases referred to by the learned sessions judge. i, therefore, accept the reference and set aside the order of compensation. the amount, if paid, will be refunded.
Judgment:

Daniels, J.

1. This is a reference by the learned Sessions Judge of Ghazipur recommending the cancellation of an order of compensation passed under Section 250 of the Code of Criminal Procedure by a first class Magistrate of Ghazipur. The order was passed in proceedings under Section 107 of the Code of Criminal Procedure. Section 250, by its terms, applies only to a case where a person is accused before a Magistrate of an offence and, not to proceedings the object of which is to require him to give security to keep the peace. This has been held in the cases referred to by the learned Sessions Judge. I, therefore, accept the reference and set aside the order of compensation. The amount, if paid, will be refunded.


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