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In Re: S.P. Nataraja Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Judge
Reported in(1923)ILR46Bom90
AppellantIn Re: S.P. Nataraja Pillai
Excerpt:
madras city police act (iii of 1888), section 53 - society for the prevention of cruelty to animals, agent of--indian penal code (act xlv of 1860), section 21(8)--public servant. - wallace, j.1. petitioner, an agent of the society for the prevention of cruelty to animals, has been appointed in respect of offences under section 53, madras act iii of 1888, a member of the madras city police force constituted under that act. by virtue of that appointment he is empowered to arrest offenders under that section.2. it appears to me clear that he is, so far as his inclusion in the madras city police force operates, an officer of government, whose duty is to bring offenders to justice. he is therefore a public servant within the definition of section 21 (8) of the indian penal code.3. the case reported in upendra kumar ghose v. the king-emperor (1) is in favour of this view.4. this petition fails and is dismissed.
Judgment:

Wallace, J.

1. Petitioner, an agent of the Society for the Prevention of Cruelty to Animals, has been appointed in respect of offences under Section 53, Madras Act III of 1888, a member of the Madras City Police Force constituted under that Act. By virtue of that appointment he is empowered to arrest offenders under that section.

2. It appears to me clear that he is, so far as his inclusion in the Madras City Police force operates, an officer of Government, whose duty is to bring offenders to justice. He is therefore a public servant within the definition of Section 21 (8) of the Indian Penal Code.

3. The case reported in Upendra Kumar Ghose v. The King-Emperor (1) is in favour of this view.

4. This petition fails and is dismissed.


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