MUHAMMAD ISMAIL Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of Muhammad Ismail from an order passed against him under Section 110 of the Criminal P. C..

(2.) Proceedings were taken against the applicant along with three other persons tinder the above section by means of a Police report. So far as the Police report is concerned it is conceded that there, was no suggestion whatever in it which would show that all the persons against whom the proceedings were started were members of a gang. It also does appear from the judgment of the learned Magistrate that an objection was raised on behalf of the accused as to the impropriety, not to say illegality, of a joint trial.

(3.) The learned Magistrate, in his judgment, observed that although it was true that Ismail was not specifically named in the initial report and that the Police report is silent on the point of the accused belonging to a gang, he thought that inasmuch as the evidence had been led on behalf of the prosecution that the four accused were members of a gang, the objection could not be taken at that stage. He came to the conclusion that the accused along with the other persons should be bound over. This order was affirmed on appeal.