EMPEROR Vs. KISAN KEVJI

JUDGEMENT

(1.) The proceedings in this case were initiated under Section no of the Code of Criminal Procedure and the Magistrate who initiated them ought to have disposed of them himself; but instead of doing so he sent up the case to the District Magistrate for action under Regulation XII of 1827. That he had no jurisdiction to do. The Code requires that he should pass the final order himself, either discharging or taking security from the accused.

(2.) The District Magistrate to whom the case was sent up by the First Class Magistrate, assumed jurisdiction under Regulation XII of 1827 and has passed an order placing certain restrictions upon the personal liberty of the petitioners.

(3.) Whether if the District Magistrate had passed such an order independently of the proceedings under Section no, it would have been legal is not the question before us now. But the proceeding having been initiated under Section no, the Magistrate before whom it was initiated ought to have himself disposed of it. The District Magistrate had no jurisdiction to dispose of it.