1939 Supreme(Mad) 190

IN THE HIGH COURT OF MADRAS
Lakshmana Rao, J.
In Re: V. Mekala Venkatappa and Ors.
Versus
Decided On : 02.05.1939

The legal provision under Section 510, I.P.C. does not involve a breach of the peace, impacting the sustainability of the order for security under Section 106, Criminal P.C.

Headnote:

Section 510 - Breach of Peace - The court found that the petitioners were convicted under Section 510, I.P.C., which does not involve a breach of the peace. The order for security under Section 106, Criminal P.C., was deemed unsustainable and set aside.

Fact of the Case:

The petitioners were convicted under Section 510, I.P.C., and the order for security under Section 106, Criminal P.C. was challenged.

Finding of the Court:

The court found that the order for security under Section 106, Criminal P.C. was unsustainable and set it aside, while dismissing the petitions.

Issues: Conviction under Section 510, I.P.C. and the sustainability of the order for security under Section 106, Criminal P.C.

Ratio Decidendi: The court's decision was influenced by the fact that the offence under Section 510, I.P.C. did not involve a breach of the peace, leading to the unsustainability of the order for security under Section 106, Criminal P.C.

Final Decision: The order for security under Section 106, Criminal P.C. was set aside, and the petitions were dismissed.