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Sheobaran Dube and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in67Ind.Cas.348
AppellantSheobaran Dube and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 107(2) - security for breach of the peace--district magistrate's power to proceed against a person outside his territorial jurisdiction. - - section 107, sub-section (2) of act v of 1898 lays down very clearly that no proceedings can take plate under section 107 unless either the person informed against or the plate where the breach of the peace or disturbance it apprehended is within the local limits of the jurisdiction of the magistrate determining the matter......of the jurisdiction of the magistrate determining the matter. jagannath, is not a resident of the jaunpur district and it may be that when the notice was issued upon him he was not within the jaunpur district but in benares state. it is immaterial whether he was or was not in the jaunpur district at the time that the notice was issued, for the place where the breach of the peace is apprehended is within the jaunpur district and the second proviso of section 107, which lays down that no proceedings shall be taken before any magistrate other than a chief presidency or district magistrate unless both the persons informed against and the place where the breach of the peace is apprehended are within the local limits of the magistrate's jurisdiction, has been complied with, for these.....
Judgment:

Stuart, J.

1. The evidence on the record shows that all the applicants have threatened the complainant, Pursotam, so as to cause a reasonable belief that any one of them might commit a breach of the peace or disturb the public tranquility. The evidence brings this fact home to every one. There can be no objection to the legality of the order on the ground that there is no evidence on the record to justify it, for there is evidence on the record to justify it, The remaining point taken is that Jagannath is a resident of the Banares State. The argument is that in these circumstances, no order can be passed against him under Section 107. There is no force in this argument. Section 107, Sub-section (2) of Act V of 1898 lays down very clearly that no proceedings can take plate under Section 107 unless either the person informed against or the plate where the breach of the peace or disturbance it apprehended is within the local limits of the jurisdiction of the Magistrate determining the matter. Jagannath, is not a resident of the Jaunpur district and it may be that when the notice was issued upon him he was not within the Jaunpur district but in Benares State. It is immaterial whether he was or was not in the Jaunpur district at the time that the notice was issued, for the place where the breach of the peace is apprehended is within the jaunpur district and the second proviso of Section 107, which lays down that no proceedings shall be taken before any Magistrate other than a Chief Presidency or District Magistrate unless both the persons informed against and the place where the breach of the peace is apprehended are within the local limits of the Magistrate's jurisdiction, has been complied with, for these proceedings were taken before the District Magistrate. I can find no errors or irregularities in the procedure, and on the merits I consider the order abundantly justifiable.

2. I reject this application.


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