TEJSINGH MAN SINGH Vs. STATE

JUDGEMENT

(1.) ON 20-9-1951 Station Officer Badnawar submitted an information to the Sub-Divisional Magistrate, Second Class, Badnawar that accused Tejsingh is desperate and dangerous and is in the habit of beating others on flimsy pretexts and the people of the village are under a great terror on account of him. He therefore should be bound down for keeping good behaviour under Section 110, Criminal P. C,

(2.) IMMEDIATELY on receipt of this information, the learned Magistrate passed an order under Section 117 (3), Criminal P. C. for an interim security to be furnished by Tejsingh for Rs. 5000/ -. It was further ordered that on his failure to do so he may be kept in jail. The accused thereupon preferred a revision application before the Sessions Judge Dhar who dismissed the same. Accused Tejsingh has therefore come up in revision to this Court.

(3.) MR. Sanghi who appears for Tejsingh contends that the order of the Magistrate under Section 117 (3), Criminal P. C. in the absence of an order under Section 112 is illegal and unsustainable. He therefore submits that the same should be set aside.