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Emperor Vs. Roshan Singh and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Judge
Reported in(1924)ILR46All235
AppellantEmperor
RespondentRoshan Singh and anr.
Excerpt:
criminal procedure code, sections 107, 436 and 438 - security for keeping the peace--accused not required to give security--district magistrate not competent to order further inquiry. - .....inquiry to be made. the sub-divisional magistrate had come to the conclusion that roshan singh and mannu chaube could not properly be called upon to furnish security for keeping the peace. the point that has been taken is that whilst the district magistrate had power to set aside an order, he had no power to send the matter back for further inquiry. apparently he was purporting to act under section 436 of the code of criminal procedure; but it has been pointed out by the counsel for the applicant and accepted by mr. sankar saran that the proceedings under section 107 are not included in the provisions of section 436. under section 438 the district magistrate could have reported the result of his examination of the record to this court, which would then have passed the appropriate orders......
Judgment:

Grimwood Mears, Kt., C.J.

1. This is an application in revision from an order of the District Magistrate, who set aside the order of the Sub-Divisional Magistrate on an inquiry under Section 107 of the Code of Criminal Procedure, and directed a further inquiry to be made. The Sub-Divisional Magistrate had come to the conclusion that Roshan Singh and Mannu Chaube could not properly be called upon to furnish security for keeping the peace. The point that has been taken is that whilst the District Magistrate had power to set aside an order, he had no power to send the matter back for further inquiry. Apparently he was purporting to act under Section 436 of the Code of Criminal Procedure; but it has been pointed out by the counsel for the applicant and accepted by Mr. Sankar Saran that the proceedings under Section 107 are not included in the provisions of Section 436. Under Section 438 the District Magistrate could have reported the result of his examination of the record to this Court, which would then have passed the appropriate orders. In these circumstances the order of the District Magistrate must be set aside, with the consequent result that the order of the first court absolving Roshan Singh and Mannu Chaube from any necessity to give security stands.


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