JUDGMENT

Banerji, J. - This is an application in revision by one Raj Narain, who has been directed by a Magistrate of the First Class of Benares to furnish security for good behaviour. That order has been confirmed in appeal by the learned Sessions Judge. Although the High Court is not a Court of appeal in cases u/s 110 of the Criminal P.C. and the responsibility of administering that section does not rest upon it, it is nevertheless a section which ought to be administered with scrupulous care both by the Court of first instance and the appellate Court. It is only when something appears unsatisfactory and unusual that this Court will look into the record to examine if the order has been properly passed. The case appears to have been put up before a Magistrate by the Police and evidence which has been repeatedly held to be inadmissible by this Court, has been used as substantive evidence against the applicant. Moreover, it has been brought to my notice that a finding of both the Judge and the Magistrate is contrary to the evidence of a witness called Mohammad Ismail. I have, therefore, examined the evidence in this case.

2. The evidence can be divided into two parts: (1) The evidence