RAGHUBANS PRASAD SINGH Vs. LAKHAN GOPE

JUDGEMENT

(1.) This is an appln. by three persons who have been ordered to execute bonds for Rs. 1000 each with two sureties in the like amount for keeping the peace.

(2.) The Mag. on the basis of a petn. filed on 1-2-1949, by one Lakhan Gope & a police report thereon, started a proceeding under Section 107, Cr. P. C., & ultimately passed the order referred to above. The order was upheld in appeal by the 3rd. Addl. Ses. J., Patna. The matter then came to this Ct. in revision, and the Chief Justice by his order dated 4-4-1950, rejected the appln. summarily.

(3.) We are asked to grant a certificate under Article 134 (1) (c), Const. Ind., which provides that an appeal shall lie to the S. C. from any final order in a criminal proceeding of H. C. in the territory of India if the H. C. certifies that the case is a fit one for appeal to the S. C. There is a proviso to Article 134 (1) which lays down that an appeal under Sub-clause (c) shall be subject to such provision as may be made in that behalf under Clause (1) of Article 145 & to such conditions as the H. C. may establish or require ; we are not concerned in the present case with any such provision or condition.