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Judgment
We agree with the District Magistrate that the conviction in the case is bad and must be set aside. A person against whom an order is passed u/s
565 of the Criminal Procedure Code is merely bound to notify his residence or change of residence after release. As long as he retains his
residence in the same place, his temporary absence from home for a day or two does hot require notification. Whether he retains his residence
must always be a question of fact; but provided a man leaves his family and household effects in the house in which he was residing he would
ordinarily be considered to retain his residence there.
In the present case all that is proved is that accused was absent from what was treated by the Police as his notified residence for a single night.
There is nothing to indicate that the residence itself was changed.
We set aside the conviction and sentence and direct that the fine, if paid, be refunded.