STATE Vs. RAJA RAM

JUDGEMENT

(1.) THIS is a criminal reference under Section 538, Criminal P. C. , by the learned Sessions Judge, bara Banki. The case arises out of an application under Section 514, Criminal P. C. for forfeiture of the security bonds executed by the opposite parties. Raja Ram, Ramanand and Sheoraj Ball. The bonds were executed in pursuance of an order of the learned Sub-Divi-sional Magistrate, haidargarh, district Bara Banki dated 6-8-1947, in proceedings under Section 107, Criminal P. C. The finding of the learned Magistrate was that on account of the strained relations between the aforenamed persons and one Ram Dayal, there was an apprehension of a breach of the peace and it was necessary to bind them clown for the period of one year. The bonds were duly executed on 6-8-1947.

(2.) RAM Dayal invoked the jurisdiction of the Sub-Divisional Magistrate, Haidargarh, under section 514, Criminal P. C. on 10-8-1948, because Raja Ram, Ramanand and Sheoraj Ball were tried and convicted of offences under Sections 323 and 325, Penal Code committed during the currency of the bonds at village Tandpurwa, police station Safdarganj, tahsil Ramsanehil. The place where the incident leading to their conviction occurred was outside the jurisdiction of the learned Sub-Divisional Magistrate, Haidargarh and Ram Dayal's application was, therefore, rejected.

(3.) THE learned Sessions Judge is of the opinion that the Magistrate concerned was competent to forfeit the bonds of the opposite parties inspite of the fact that the breach of the peace complained of occurred elsewhere than within his jurisdiction.