MAHESH PRASAD KANNAUJIYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant. Learned A.G.A. appears for the State.

(2.) THE applicant has prayed for setting aside the order dated 28.4.2009 and impugned notice dated 27.3.2009, passed by Dy. Magistrate, Gola, Gorakhpur in State v. Mahesh Prasad Kannaujiya.

(3.) SECTION 110 of the Code of Criminal Procedure provides for security for good behaviour to be taken from habitual offenders. On an information received by the Executive Magistrate that there is within his local jurisdiction a person who is by habit a robber, house-breaker, thief or forger, or falls in any other categories for habitually committing crimes in clauses (b) to (g) of SECTION 110, a Magistrate may in a manner provided in SECTIONs 111 to 124 require such person to show cause, to execute a bond with such sureties for such good behaviour for a period not exceeding three years, as the Magistrate may think fit.