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Mahadeo Rai and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1924All201; 81Ind.Cas.140
AppellantMahadeo Rai and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), section 54 - cognisable offence--constable not in uniform, whether can arrest person suspected. - .....here is that the constables were not armed with a warrant of arrest and were not in their uniforms, but even if they were not in uniforms and had no warrant 'of arrest with them, they had sufficient authority under section 54, criminal procedure code, to arrest mahesh and ram lal on the suspicion of having committed the offence with which the girl was charging them. in view of the circumstances there is no sufficient reason for interfering in revision. the application is rejected.
Judgment:

Kanhaiya Lal, J.

The accused applicants have been convicted of an offence under Section 335, Indian Penal Code, and sentenced to rigorous imprisonment for two months and a fine. They also have been convicted under Section 147, Indian Penal Code, and sentenced to rigorous imprisonment for two months each. It appears that a complaint had been made by a certain girl that slie had been raped by two persons named Mahesh and Ram Lal. The Sub-Inspector went to hold an investigation and came to know that the two accused persons were present in their houses in the village. He deputed certain Police Constables to arrest the accused. When these constables reached the place Mahesh and Ram Lal ran inside the house of Ujagar, and when the constables wanted to enter that house to arrest them, they were stopped by the accused applicants who, armed with lathis, threatened to attack the ctjnstables, if they moved further towards the house. The contention here is that the constables were not armed with a warrant of arrest and were not in their uniforms, but even if they were not in uniforms and had no warrant 'of arrest with them, they had sufficient authority under Section 54, Criminal Procedure Code, to arrest Mahesh and Ram Lal on the suspicion of having committed the offence with which the girl was charging them. In view of the circumstances there is no sufficient reason for interfering in revision. The application is rejected.


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