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Shambhu Nath and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported inAIR1916All100(1); 35Ind.Cas.832
AppellantShambhu Nath and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 107 - (sic) charge against collective body of persons--proof (sic) each person, necessity of--general hostility, effect of. - - 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......the magistrate totally misconceived his function under the section. i am content to rest my judgment on the decision in queen-empress v. abdul kadir 9 a. 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 rivals 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 have no doubt at all that the Magistrate totally misconceived his function under the section. I am content to rest my judgment on the decision in Queen-Empress v. Abdul Kadir 9 A. 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 rivals 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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