Order The petitioner describes himself as the proprietor of the English Taxi Company of Umpherson St., G.T., Madras. He seeks to have revised an order by the District Magistrate, Chingleput, dismissing his petition to quash the proceedings instituted against him under section 107, Criminal Procedure Code, by the Inspector of Police, Chingleput, before the ex-officio First Class Magistrate, Chingleput. He was the first of seven respondents against whom the order under section 107, Criminal Procedure Code, was issued on 3rd December, 1953, alleging acts of violence on earlier dates. The ground which the petitioner gave was that he was not a resident of Chingleput District and that, therefore, the First Class Magistrate had no jurisdiction. The District Magistrate rejected this plea following the decision in Varadarajulu Naidu v. Emperor1 which is not in point. In that case, there was no dispute that the petitioner was within the local limits of the jurisdiction of the Magistrate when the proceedings under section 107 were initiated. In this case, the learned Public Prosecutor concedes that there is nothing to show that the petitioner, a permanent resident of Madras, was in Chingleput on the date on which the proceedings were initiated. Under section 107(2), Criminal Procedure Code, no proceedings shall be taken before any Magistrate other than a Chief Presidency Magistrate or District Magistrate, unless both the person informed against and the place where the breach of the peace or disturbance is apprehended, are within the local limits of the Magistrate’s jurisdiction. The First Class Magistrate could have had jurisdiction if, at the time the proceedings were initiated, the petitioner, although a resident of Madras, was in his jurisdiction. This not being the case, it is only the District Magistrate who would have jurisdiction to institute and try these proceedings. The order of the learned District Magistrate is set aside with the direction that he issues himself a fresh order under section 107, Criminal Procedure Code, if he considers it necessary and deals with it according to law. K.S. ----- Order set aside.