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1917 Supreme(All) 17

GEORGE KNOX
Emperor – Appellant
Versus
Lalji – Respondent


JUDGMENT

Knox, J. - A magistrate of the first class in Bareilly ordered three persons to execute a bond for keeping the peace. The persons so bound applied to the Sessions Judge for a revision of this order. The learned Sessions Judge went into the reasons set out by the magistrate for passing his order and came to the conclusion that the applicants should not have been bound over, and that the order binding them over should be set aside. He considered that under the ruling Banarsi Das v. Partab Singh I. L.R (1912) All. 108 this could only be done by reference to this Court. He has accordingly sent the case up with a recommendation that the order be set aside. The case before the however, differs from the case of Banarsi Das v. Partab Singh ILR (1912) 35 All. 108 . In this last case the District Magistrate had treated it as though it were an appeal and had cancelled the order of the lower court. It was held that the order of the District Magistrate was void as an order passed without jurisdiction. There is no sign, however, that the case before me is a case of an appeal from an order of the magistrate of the first class. It appears to me that the District Magistrate has power at any

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