EMPEROR Vs. HIMAYATULLAH

JUDGEMENT

(1.) This is an application in revision on behalf of the Local Government against an order of the Sessions Judge of Moradabad, setting aside an order of a Magistrate of the First Class directing the opposite party to execute a personal bond with two sureties to be of good behaviour under Section 109 of the Code of Criminal Procedure.

(2.) Three points have been urged by the learned Government Advocate in support of this revision. The first point urged is that the words "to conceal his presence within the local limits of such Magistrate's jurisdiction" in Section 109 of the Code of Criminal Procedure are words defining the tribunal which has jurisdiction to try the case. In the case of Emperor V/s. Bhairon. it is laid down that the words "within the local limits of such Magistrate's jurisdiction" are part of the predicate "to conceal his presence." We have no doubt whatever that the meaning of those words was rightly given in that case. It is clear from the provisions of Section 5 in Chaps. II and III and Sch, III, Part (5), that these words cannot have any other meaning,

(3.) It may be that a person living within the territorial jurisdiction of a Magistrate trying the case, who takes steps to conceal that he is there namely, by removing himself from one part to another, such as from Allahabad to Naini, or from one village of a Tahsil to another, and when he gets to the new place disguising his identity or hiding his person, is within the section, and we do not think that the case of Emperor Vs. Bhairon can be read as having negatived that, and as having laid down that a person must go into the district from a place quite outside.