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1933 DIGILAW 353 (MAD)

Untitled judgment

1933-12-12

LAKSHMANA RAO

body1933
ORDER Lakshmana Rao, J. 1. It is not disputed that the petitioner was within the local limits of the jurisdiction of the Magistrate when the proceedings under Section 107 of the Code of Criminal Procedure were initiated and as pointed out in Hamid Hasan v. Emperor AIR1932All162 the section makes no reference to residence of the person proceeded against. He need only be within the local limits of the Magistrates jurisdiction at the time the Magistrate takes action, vide Shama Char an Chakravarti v. Katu Mundal I.L.R. (1897) Cal. 344 and even a stay for a clay would justify proceedings under Section 107 of the Code of Criminal Procedure, vide In re Krishnaji Pandurang Joglekar I.L.R. (1897) Bom. 32 . The place where the breach of the peace was apprehended is also within the local limits of the Magistrates jurisdiction and there is no ground for quashing the proceedings. The petition is therefore dismissed.