JHARUA MIAN Vs. STATE

JUDGEMENT

(1.) The petitioner in this case has been ordered to execute a bond of Rs. 2,000 with two securities of Rs. 1,000/- each for maintaining good behaviour for a period of two years by the Sub-divisional Magistrate, Kishanganj, by his judgment and order dated the 4th May, 1956. The order was passed in a proceeding, under Section 110 of the Code of Criminal Procedure. Along with the petitioner another person, namely Ijabat Mian has also been proceeded with and the order mentioned above was passed against both the persons. Thereafter, there was a reference to the Sessions Judge under Section 123(2) of the Code of Criminal Procedure which was heard and disposed of by the Additional Sessions Judge of Purnea by his judgment and order dated the 29th June. 1956. An appeal had also been filed against the order of the Sub-divisional Magistrate and the said appeal was also heard along with the reference. The learned Additional Sessions Judge accepted the reference and dismissed the appeal.

(2.) Jharua Mian only has moved this Court under Sections 435 and 439 of the Code of Criminal Procedure.

(3.) Upon a report made by the Police, the Sub-divisional Magistrate of Kishanganj initiated a proceeding under Section 110 of the Code of Criminal Procedure against the petitioner and Ijabar Mian on the 17th March. 1950. The relevant portion of the notice issued to the petitioner may be quoted from paragraph 2 of the application filed in this court namely;