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Jagdamba Prasad and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in17Ind.Cas.716
AppellantJagdamba Prasad and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1893), section 107 - security to keep peace--procedure. - .....quite illegal and improper in that he has ignored completely all the directions which have been laid down in chapter viii of the code of criminal procedure in respect of security for keeping the peace. the persons who were bound over had not even been given an opportunity of showing cause, and none of the procedure laid down in chapter viii was followed. if the order had covered a larger period and if it had been still in force, it might then have been necessary to set it aside. as, however, nothing has happened and the period has expired, there is no necessity for interference by this court. let the record be returned.
Judgment:

Tudball, J.

1. This application in revision arises out of peculiar circumstances. It appears that in the absence of the District Magistrate of Pilibhit, a Police report, which is not to be found on the record, was submitted to a Magistrate of the first class who was then in charge. On the basis of that report, the Magistrate, on the 3rd of June, which was a holiday, sent for certain persons and simply ordered them to give security to keep the peace up to the 7th of June. It appears that there was some meeting or other connected with the Arya Samaj, and accordingly the Magistrate was afraid that it might end in a breach of the peace. He accordingly passed the aforesaid order. The period for which the order was given has expired. The matter, therefore, does not call for interference by this Court. But it is necessary to point out that the Magistrate's action was quite illegal and improper in that he has ignored completely all the directions which have been laid down in Chapter VIII of the Code of Criminal Procedure in respect of security for keeping the peace. The persons who were bound over had not even been given an opportunity of showing cause, and none of the procedure laid down in Chapter VIII was followed. If the order had covered a larger period and if it had been still in force, it might then have been necessary to set it aside. As, however, nothing has happened and the period has expired, there is no necessity for interference by this Court. Let the record be returned.


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