Posted On by &filed under Calcutta High Court, High Court.


Calcutta High Court
In Re: Rajendro Chunder Roy … vs Unknown on 20 July, 1885
Equivalent citations: (1885) ILR 11 Cal 737
Author: Prinsep
Bench: Prinsep, Grant


JUDGMENT

Prinsep, J.

1. The order binding over the petitioners to keep the peace must be set aside. It appears that these persons were not within the jurisdiction of the Magistrate of Backergunge, but that they were within the jurisdiction of the Magistrate of Furreedpore, and it has been found that they are likely to commit a breach of the peace within the district of Backergunge. Under such circumstances, as held by a Pull Bench of the Allahabad High Court in the case of Joy Prokash Lall I.L.R. 6 All. 26 and several decisions of this Court, these persons cannot be bound over by the Magistrate of Backergunge. The proper course for him to take, if he thinks there is evidence that they are likely to commit a breach of the peace within the district of Backergunge, is to have information laid before the Magistrate of Furreedpore, and have evidence in support thereof forthcoming, so that proceedings may be taken by a Court of competent jurisdiction.


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

93 queries in 0.157 seconds.