EUSAF ALI AHMAD KHAIRAJ Vs. EMPEROR

JUDGEMENT

(1.) THE petitioners were convicted by a Magistrate of Second Class powers of offences punishable under Secs.147 and 342, Indian Penal Code. On appeal to the District Magistrate, that Court upheld the convictions and further passed an order requiring the nine petitioners to execute bonds under Section 106, Criminal Procedure Code. But it has been held by this Court in Emperor V/s. Momin Malita [1908] 35 Cal. 434 that the Appellate Court cannot exercise the power given by Section 106(3), Criminal Procedure Code, where the conviction has not been by a Court specified in Sub-section (1). A Magistrate of Second Class powers is not included in the Courts named in Sub-section (1). We accordingly make this Rule absolute and set aside the order of the District Magistrate of Dinajpur, dated the 9 November 1922, directing the petitioners to execute bonds for keeping the peace under Section 106, Criminal Procedure Code.