REX Vs. RAM DAYAL

JUDGEMENT

(1.) This is an application in revision by the Provincial Government against an order of the City Magistrate of Agra, declining to call upon the opposite party to furnish security for good behaviour under Section 109, Criminal P. C.

(2.) The case against the opposite party was that, in the very early hours of the morning of 8th May 1946, at about 1 o'clock, he was found in the city of Agra, concealing his presence with a view to commit an offence, that on being arrested and searched by constable Tota Ram, a jemmy, a lathi and a match box were recovered from his possession, that on being questioned about his name and address, he gave different names and different addresses, and that he had no ostensible means of livelihood. He was thus proceeded against on all the three grounds mentioned in Section 109, Criminal P. C., namely, (1) concealment of presence, (2) want of ostensible means of livelihood and (3) failure to give a satisfactory account of himself.

(3.) The opposite party denied the truth of these allegations and pleaded that he was a vegetable seller, that he used to sell cucumbers in mohalla Rawatpara, that constable Tota Ram used to take a cucumber from him every day, that he refused to give a cucumber to Tota Ram on 7th May 1946, whereupon Tota Bam took him to the Kotwali and shut him there. He denied that he was arrested in the night or that the aforesaid articles were recovered from his possession. He suggested that the proceedings were started against him due to his enmity with Tota Ram.