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Emperor Vs. Shambhu Nath and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1916)ILR38All468
AppellantEmperor
RespondentShambhu Nath and ors.
Excerpt:
security for keeping the peace - criminal procedure code, section 107--nature and quantum of evidence necessary before passing order for security. - - it is clearly insufficient against a collective body of persons to suggest that they are indulging in feelings of hostility towards another body of persons.walsh, j.1. in this case i am content to rest my judgment on the decision in queen-empress v. abdul kadir (1885) i.l.r. 9 all. 452. there must be definite evidence in the case of any and every person charged under this section that there is a danger of a breach of the peace by him. it is clearly insufficient against a collective body of persons to suggest that they are indulging in feelings of hostility towards another body of persons. man is a gregarious animal and apt to associate himself with friends, and, when he has got nothing, else to do, to indulge his feelings of hostility towards his rival and his friends. these feelings are very much to be deplored; but they do not entitle a magistrate to make orders wholesale under this section.
Judgment:

Walsh, J.

1. In this case I am content to rest my Judgment on the decision in Queen-Empress v. Abdul Kadir (1885) I.L.R. 9 All. 452. There must be definite evidence in the case of any and every person charged under this section that there is a danger of a breach of the peace by him. It is clearly insufficient against a collective body of persons to suggest that they are indulging in feelings of hostility towards another body of persons. Man is a gregarious animal and apt to associate himself with friends, and, when he has got nothing, else to do, to indulge his feelings of hostility towards his rival and his friends. These feelings are very much to be deplored; but they do not entitle a Magistrate to make orders wholesale under this section.


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