Research › Browse › Judgment

Allahabad High Court · body

1973 DIGILAW 369 (ALL)

Lalla Ram Gupta alias Ambika v. State of U. P.

1973-08-30

H.N.KAPOOR

body1973
JUDGMENT H.N. Kapoor, J. - This revision is directed against the order of the S.D.M. Bilhaur, Kanpur, dated December 27, 1969 binding down the applicant Lalla Ram under section 110/112 Criminal Procedure Code on the basis of his alleged admission. Allegations in the challani report were that the applicant is habitual thief and robber. Surprisingly, the only question put to the applicant, when he appeared before the Magistrate, was that he was always ready to pick up quarrels and disturb the peace of other persons. He also expressed his willingness to give security. On the basis of this vague admission he was bound down under 'erection 110/112 Criminal Procedure Code 2. Learned counsel for the applicant has argued that he could not have been bound down under section 110/112 Cr.P C. on the basis of such admission specially when the allegations in the challani report were different. I am satisfied that the admission was not sufficient for bringing the case under section 110/112 Criminal Procedure Code Ordinarily I would have remanded the case for further hearing but much time had already elapsed and the applicant was bound down for one year only from December 27, 1969. It will, therefore, not be in the interest of justice to send back the case for rehearing. The revision is accordingly allowed. The order dated December 27, 1969 is set aside.