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1915 Supreme(Cal) 210

CHITTY, CHAPMAN
Emperor – Appellant
Versus
Durga Halwai – Respondent


JUDGMENT

1. This is a reference u/s 123, Criminal Procedure Code, in the matter of six persons, Durga Halwai, Mohendra Karmaltar, Jai Gopal Das, Ganga Bissen, Dwarka Sukul and Sham La], who have been ordered to furnish security for good behaviour, the first four for three years, and the last two for two years, respectively, u/s 110, Criminal Procedure Code, and who have all failed to furnish such security. The case made against them is that they are all by habit house-breakers and thieves, and form part of a gang who have been operating in Calcutta during the past three years or thereabouts. On behalf of Mohendra Karmakar arid Jai Gopal Das it was argued that the Presidency Magistrate had no jurisdiction to take proceedings against them u/s 110, because they were not within the local limits of his jurisdiction. There appears to be no force in this contention. Mohendra Karmakar may be a native of Midnapur, but it is proved that he was residing in Calcutta down to Agrahan last. He attempted (but without success) to show that he was carrying on a shop for the manufacture and sale of iron chests in a remote village in the Midnapur District. About December 1914 he disappeared. He was arr

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