In Re: Rajendro Chunder Roy Chowdhry and Another

Prinsep, J.—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 ILR 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.