High CourtsDivision Bench(1933) 12 MAD CK 0007

In Re: S.R. Varadarajulu Naidu

Madras High Court · Decided on 12 December 1933 · Citation: (1934) 39 LW 215 : (1934) 66 MLJ 420

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

1 paragraphs · 151 words

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