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Gnanamuthu Udayan and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.434
AppellantGnanamuthu Udayan and ors.
RespondentEmperor
Cases ReferredDorasami Naidu v. Emperor
Excerpt:
criminal procedure code (act v of 1898), section 106 - power of appellate magistrate to order security to keep the peace. - miller, j.1. it was for the appellants to show that they acted in the exercise of the right of private defence and did not exceed their rights in this, and it is quite clear that they did not satisfy either magistrate on the point. according to dorasami naidu v. emperor 4 cri. l.j. 498 the orders made by the appellate magistrate for the taking of security to keep the peace are illegal, and i am bound by that decision. i, therefore, set aside the orders made under section 106, criminal procedure code, and i do not interfere further.
Judgment:

Miller, J.

1. It was for the appellants to show that they acted in the exercise of the right of private defence and did not exceed their rights in this, and it is quite clear that they did not satisfy either Magistrate on the point. According to Dorasami Naidu v. Emperor 4 Cri. L.J. 498 the orders made by the Appellate Magistrate for the taking of security to keep the peace are illegal, and I am bound by that decision. I, therefore, set aside the orders made under Section 106, Criminal Procedure Code, and I do not interfere further.


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