GNANAMUTHU UDAYAN Vs. EMPEROR

JUDGEMENT

(1.) IT was for the appellants to show that they acted in the exercise of the right of private defence and did not exceed their rights in this, and it is quite clear that they did not satisfy either Magistrate on the point. According to Dorasami Naidu v. Emperor 30 M. 182 : 1 M.L.T. 343 : 4 Cr. L.J. 498 the orders made by the Appellate Magistrate for the taking of security to keep the peace are illegal, and I am bound by that decision. I, therefore, set aside the orders made under Section 106, Criminal Procedure Code, and I do not interfere further.