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Uma Dutt Misir Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All503; 68Ind.Cas.847
AppellantUma Dutt Misir
RespondentEmperor
Cases ReferredEmperor v. Raja Ram
Excerpt:
criminal procedure code (act v of 1898), sections 107, 514 - proceedings under section 514 initiated within period of bond--expiry of period under bond no bar to prosecution. - .....to take the proceeding on to his own file. instead of complying with this court's order, the learned district magistrate made over the case to a subordinate magistrate, mr. gada husain. further application was made to this court which resulted in the proceedings taken in mr. gada husain's court being net aside as being without jurisdiction and the learned district magistrate was directed to hold an enquiry denovo.3. by the time all this happened, the period of one year limited by the bond had expired and it is now contended that inasmuch as the period has lapsed no proceedings under section, 514 are possible i have been referred to a case in ram chunder lalta in re 1 c. l. rule 134., which had already been dissented from by a divisional bench of the allahabad high court in emperor.....
Judgment:

Lindsay, J.

1. The argument put forward in support of this application has the merit of ingenuity bat I do not think it ought to be allowed to prevail.

2. The proceedings which are attacked were proceedings tinder Section 514 of the Code of Criminal Procedure. The applicant, Uma Dat Misser, was, by an order passed on the 14th of March 1921, bound over to keep the peace for a period of one year. In or about the month of July, certain facts transpired which lad to its being believed that Uma Dat had been guilty of a breath of the conditions of the bond, and as a result of this information, proceedings were initiated against him under Section 514. There can be no doubt that these proceedings were taken within the period provided by the bond. For one reason or another it became necessary to transfer the proceedings under Section 514 from the Court in which they were taken. It was held by this Court that hose proceedings could only properly be taken in the Court of the District Magistrate of Benares and not in the Court of the Joint Magistrate who had taken up the case under Section 514. An order was accordingly passed directing the District Magistrate of Benares to take the proceeding on to his own file. Instead of complying with this Court's order, the learned District Magistrate made over the case to a Subordinate Magistrate, Mr. Gada Husain. Further application was made to this Court which resulted in the proceedings taken in Mr. Gada Husain's Court being net aside as being without jurisdiction and the learned District Magistrate was directed to hold an enquiry denovo.

3. By the time all this happened, the period of one year limited by the bond had expired and it is now contended that inasmuch as the period has lapsed no proceedings under Section, 514 are possible I have been referred to a case in Ram chunder Lalta In re 1 C. L. Rule 134., which had already been dissented from by a divisional Bench of the Allahabad High Court in Emperor v. Raja Ram 26 A. 202 : A. W. N. (1903) 237. of the Calcutta High Court in which it was held that where no proceedings under Section 514 were taken by a Magistrate within the period limited by the bond, no action could be taken under this section after the term of the bond had expired. This however, is a different case. There can be doubt that action was taken within the period laid down in the bond and that he only reason why the case did not reach the stage of completion was that the learned District Magistrate had made a mistake in transferring the case from his own file to the Court of a Subordinate Magistrate, It was this illegality in the procedure of the District Magistrate which led to all the delay As I understand the position, the learned District Magistrate is now only carrying the proceedings which were initiated with the period of one year from the date of the bond, namely, the 14th of Manta 1921. In other words, the order of this Court was to direct the Magistrate to take up the case at the stage where he passed the illegal order and to continue the proceedings therefrom. I hold that there is no legal bar to the prosecution of this case under Section 514, and I dismiss the application accordingly.


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