High CourtsSingle Bench(1909) 09 MAD CK 0004

Gnanamuthu Udayan and Others vs Emperor

Madras High Court · Decided on 2 September 1909 · Citation: 3 Ind. Cas. 434

HON’BLE JUDGES
Miller, J

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Judgment

4 paragraphs · 96 words

Miller, J.—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 4 Cri. 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 u/s 106, Criminal Procedure Code, and I do not interfere further.