DEODAT RAI Vs. STATE

JUDGEMENT

(1.) Application No. 210 is under Sections 435 & 439, Criminal P. C. for revision of an order passed by the Ses. J. of Ballia ordering the applicant to give security under Section 3 (1) (a) (i), D. P. Prevention of Crimes (Special Powers) (Temporary) Act, No. 5 of 1949. On 24-8-1949, a First Class Magistrate issued a notice under Section 3 (1) (a) v(i) calling upon the applicant to show cause why he should not be bound down for being of good behaviour for two years. It was alleged that he is by repute a bad character & is a habitual burglar & dacoit. In the column of particulars are mentioned four suspicions in cases of burglary & dacoity. On the same date the Magistrate passed an order under S. 4 of the Act requiring the applicant to give security for being of good behaviour during the disposal of the proceedings & directing him to be arrested in default. On 28-8-1949, the applicant was arrested in pursuance of this order. He denied the allegations made against him by the police, The Magistrate forwarded the record of his case to the learned Ses. J. on 12-9-1949. Both the jurors were of the opinion that action should be taken against him, & the learned Ses. J. on 17-10 1949 passed the order under revision binding the applicant to be of good behaviour for two years.

(2.) There are seven connected applications by other persons against whom similar orders have been passed under the Act. As common questions of law are involved, it is convenient to dispose of all of them together.

(3.) Revision Application No. 211 of 1960 is by Ram Piari Rai. The Magistrate issued a notice on 24-8-1949 calling upon him to show cause why he should not be bound down for two years on account of his being by repute a bad character, habitual dacoit & burglar & so dangerous as to render his being at large without security hazardous to the community. In the column of the particulars is mentioned that he was suspected in a case of burglary in 1948 & that he bears the reputation of being a bad character, burglar & dacoit. On the same date the Magistrate ordered him to give security for being of good behaviour during the disposal of the proceedings & directed him to be arrested in default. On 4-9-1949 the applicant was arrested in pursuance of this order on his failure to give the security. He denied the allegations made against "him. The Magistrate referred his case to the Ses. J. of Ballia on 19-9-1949. Both the jurors were of the opinion that action should be taken against the applicant, & the learned Ses. J. pasted an order on 6-10-1949 binding him down to be of good behaviour for two years under Section 3 (1) (a) (i) & (c). He questions that order by an application under Sections 435 & 439, Cr. P. C.