BHOLA KUNWAR Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Bhola Kunwar and twenty-one others against an interlocutory order passed by the Sub-Divisional Magistrate of Salem pur at Deoria in proceedings under Section 107, Or. P. C.

(2.) It appears "that in the course of the proceedings an application was filed on behalf of the present applicants before the Sub-Divisional Magistrate that the proceedings be dropped inasmuch as the Magistrate had no jurisdiction to make the enquiry. That application was rejected by the Magistrate, and the applicants' revision to the Sessions Judge was also rejected. The applicants have, therefore, come up in revision to this Court.

(3.) The argument of the learned counsel for the applicant was this, Under Sub-section (2) of Section 107 of the Criminal Procedure Code, as it stood before the amendment by the Act Criminal Procedure Amendment) Act 26 of 1955, proceedings under the section could not be taken by a Magistrate other than the District Magistrate unless both the persons informed against and the place where the breach of the peace or disturbance was apprehend-ed were within the local limits of the Magistrate's jurisdiction. Here admittedly the applicants were residents of a place in the district of Saran in Bi-har. It was submitted therefore that only one, but not both, of the aforesaid conditions were satisfied in the present case. Under the amended Section 107 (2), proceedings may be taken before any Magistrate otherwise empowered when either, but not necessarily both trip aforesaid conditions of person or Place is satisfied.