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In Re: Ram Dawan Singh, a Mukhtiar of Gorakhpur - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1932All232
AppellantIn Re: Ram Dawan Singh, a Mukhtiar of Gorakhpur
Excerpt:
- - where a local government has moved any high court or has initiated proceedings under the legal practitioners act in regard to the conduct of legal practitioners in connxion with the civil disobedience movement, it well make application to the court concerned for permission to withdraw such proceedings, provided that the alleged conduct of the persons concerned does not relate to violence or incitement to violence.mukerji, j.1. in this case a notice was issued by the high court to mr. ram dawan singh, a mukhtiar, ordinarily practising in the district of bastito show cause why ho should not be suspended or dismissed inasmuch as he was convicted by a criminal court of the offence of criminal intimidation under section 506, x. p.c.,2. mr. ram dawan singh has appeared by counsel to show cause.3. among other matters, dr. katju, the learned counsel appearing for mr. ram dawan singh, has drawn our attention to the notification issued by the government of india in the home department,, bearing date 5th march 1931 and published at p. 89 of the gazette of india. extraordinary bearing the same date. it appears that by the said notification, the government of india issued a sort of amnesty to political.....
Judgment:

Mukerji, J.

1. In this case a notice was issued by the High Court to Mr. Ram Dawan Singh, a mukhtiar, ordinarily practising in the district of Basti

to show cause why ho should not be suspended or dismissed inasmuch as he was convicted by a criminal Court of the offence of criminal intimidation under Section 506, X. P.C.,

2. Mr. Ram Dawan Singh has appeared by counsel to show cause.

3. Among other matters, Dr. Katju, the learned Counsel appearing for Mr. Ram Dawan Singh, has drawn our attention to the notification issued by the Government of India in the Home Department,, bearing date 5th March 1931 and published at p. 89 of the Gazette of India. Extraordinary bearing the same date. It appears that by the said notification, the Government of India issued a sort of amnesty to political prisoners and to prisoners who were being tried for political offences. Clause 12(iii) runs as follows:

Where a Local Government has moved any High Court or has initiated proceedings under the Legal Practitioners Act in regard to the conduct of legal practitioners in connxion with the civil disobedience movement, it well make application to the Court concerned for permission to withdraw such proceedings, provided that the alleged conduct of the persons concerned does not relate to violence or incitement to violence.

4. Clause 13(i) runs as follows;

Those prisoners will be released who are undergoing imprisonment in connexion with the civil disobedience movement for offences which did not involve violence, other than technical violence, or incitement to such violence.

5. We have been informed that the opposite party, who was convicted under Section 506, I.P.C., and was sentenced to undergo two years' rigorous imprisonment, filed an appeal, but was released by the Local Government in accordance with the notification issued by the Government of India stated above the result was the appeal was not heard and the appellant before the Court was released.

The release of Mr. Ram Dawan Singh {amounted to an expression of opinion on the part of the Local Government, that he was convicted of an offence which did not imply violence or incitement to violence.

6. We have ourselves examined the judgment of the criminal Court. That Court found that Mr. Earn Dawan Singh' threatened one Mr. Bakhawat Ali with this {consequence: that his tenants would stop rendition of unpaid labour or 'begar' and payment of rent. In our opinion this threat, although it did come within the definition of criminal intimidation, did not imply any violence either to person or to property. This being our view, we think that the proceedings before us should be dropped. We note that the Board of Revenue lias renewed the certificate of Mr. Ram Dawan Singh to practise as revenue agent in the Revenue Courts. We direct that the proceedings be dropped. We make no order as to costs. The certificate to practise will be renewed accordingly.


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