JUDGMENT

Nanavutty, J - This is an application for revision of an order of the learned Assistant Sessions Judge of Hardoi confirming an order of the Sub-divisional Magistrate of Shahabad binding over the applicant Likha Singh to be of good behaviour for a period of three years under Section 110, Criminal P.C.

2. I have heard the learned Counsel for the applicant as also the learned Assistant Government Advocate and for my own satisfaction have gone carefully into the evidence on the record. The order of the learned Assistant Sessions Judge is very sketchy and does not do full justice to the facts of the ease and the evidence on the record. In the present case there is a mass of evidence showing clearly that the applicant Likha Singh has the general reputation of being an habitual thief and burglar and that evidence is clearly admissible under Sub-section 4, Section 117, Criminal P.C. There is also evidence on the record showing that the accused Likha Singh had been suspected of complicity in certain thefts and had bean mentioned in three particular cases in the reports made at the police stations. This evidence of particular instances coupled with the evidence of the prosecution witnesses as to the general bad repute of the applicant fully justified the order passed by the learned Sub-divisional Magistrate of Shahabad binding over the applicant. The ruling in Emperor v. Gajadhar, A.I.R. 1933 Oud 58, fully supports the contention of the learned Assistant Government Advocate. That is a Bench ruling of this Court which is binding on me sitting singly. In Newal Keshor v. Emperor, A.I.R. 1925 Oud 473, it was held by the late Misra, J., that in cases under Section 110, Criminal P.C., it was not the duty of the High Court sitting in revision to weigh the evidence of one side or the other but only to see whether the Court below approached the consideration of the case in a fair way having regard to the interest not only of the prosecution, but also of the accused. In the present case, in my opinion, the lower Courts have approached the trial of this case in a proper and fair manner although the learned Assistant Sessions Judge has written a very inadequate and all too brief order in the ease. In my opinion the order passed under Section 110, Criminal P.C., binding over the applicant Likha Singh, was an eminently just order and I see no reason to interfere with it. I accordingly dismiss this application for revision.