Mahangu Lal vs Emperor

Varma, J.—This is an application on behalf of one Mahangu Lal, a resident of Tetaliya District Jalpaiguri on whom a notice has been served by the Sub-divisional Officer of Kishunganj in the District of Purnea to show cause why he should not be ordered to execute a bond of Rs. 500 with two sureties of the like amount for keeping peace under S. 107, Criminal P.C., for a period of one year. Mr. K.B. Dutt appearing on behalf of the petitioner urges that the Sub-divisional Officer of Kishunganj had no jurisdiction to initiate proceedings under S. 107, Criminal P.C., against a person residing outside his jurisdiction. He has referred to several cases on the point, for example, the case reported in In re Jai Prakash Lal, (1883) 6 All 26 = 1883 AWN 208 (FB), In re Rajendra Chandra Roy, (1885) 11 Cal 737, In re Dinonath Mullick, (1886) 12 Cal 133 and In re Krishanji Pandurang Joglekar, (1899) 23 Bom 32. But the section itself is clear on the point. Cl. (2), S. 107 lays down distinctly that proceedings, shrill not be taken under this section; unless cither the person informed against or the place where the breach of the peace or disturbance is apprehended is within the local limits of such Magistrate''s jurisdiction, and no proceedings shall be taken before any Magistrate, other than a Chief Presidency Magistrate or District Magistrate unless both the person informed against, and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate''s jurisdiction. In view of this provision of law Mr. K.B. Dutt''s contention is well founded, and I would order that notice issued upon the petitioner be withdrawn and the present proceedings be quashed so far as the present petitioner is concerned.