EMPEROR Vs. KHARGA

JUDGEMENT

(1.) This is an application in revision against an order of the District Magistrate of Cawnpore, purporting to have been passed under Section 437 of the Code of Criminal Procedure in regard to proceedings taken against the applicant under Section 110 of the Code. The facts of the case are simple. Proceedings were instituted against Kharga and he was called upon to show cause why he should not give security for his good behaviour. The Magistrate before whom he appeared inquired into the matter and, after recording the evidence, discharged him. The District Magistrate examined the record and directed further inquiry. This was made by another Magistrate who after recording evidence, held that there was no necessity to bind over the man to be of good behaviour. The District Magistrate, without issuing any notice to Kharga, has again sent for the record and has again directed further inquiry.

(2.) We note here that at the second of the two above inquiries the Magistrate drew up a fresh formal order under Section 112 of the Code.

(3.) Two grounds are taken before us: (1) "That Section 437 of the Code does not apply to proceedings under this Chapter (VIII) at all and the Magistrate had no power to direct a further inquiry as he has done. (2) "That, even assuming that the order passed is within the District Magistrate s powers, still the applicant having undergone the ordeal of two inquiries and having been discharged by two different magistrates, ought not to be subjected to any further proceedings, at least for the present."