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Deo Saran Tewari Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1918All320(1); 46Ind.Cas.48
AppellantDeo Saran Tewari
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 174 - criminal procedure code (act v of 1898), sections 195 and 487--dis-obedience to lawful summons--conviction by magistrate whose order disobeyed, legality of--procedure. - 1. the accused in this case was convicted under section 174, indian penal code, on a charge of non-attendance in the court of mr. w. gurney in obedience to a lawful summons. the case was tried by mr. gurney himself and he convicted the accused and sentenced him to a fine of rs. 10. this proceeding was illegal, having regard to the provisions of section 487 of the code of criminal procedure.2. the case was one of those referred to in section 195, criminal procedure code, and, therefore, could not be tried by the officer whose order was disobeyed. i accordingly set aside the conviction and sentence and direct that the fine, if paid, be refunded.
Judgment:

1. The accused in this case was convicted under Section 174, Indian Penal Code, on a charge of non-attendance in the Court of Mr. W. Gurney in obedience to a lawful summons. The case was tried by Mr. Gurney himself and he convicted the accused and sentenced him to a fine of Rs. 10. This proceeding was illegal, having regard to the provisions of Section 487 of the Code of Criminal Procedure.

2. The case was one of those referred to in Section 195, Criminal Procedure Code, and, therefore, could not be tried by the officer whose order was disobeyed. I accordingly set aside the conviction and sentence and direct that the fine, if paid, be refunded.


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