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Pitam Lal and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All433; 71Ind.Cas.996
AppellantPitam Lal and anr.
RespondentEmperor
Excerpt:
penal code (act xlv of 1860), section 352 - assault--search of house by police officer outside his circle--assault to prevent search whether offence. - .....also lived. they objected and raised their lathis at the sub-inspector to prevent him from entering the house the sub-inspector drew out his revolver upon which pitam lal and chokhe lal stood back and did not; oppose the sub-inspector.2. the sub-inspector admittedly had no right to enter or attempt to search the house of dori, as dori's house was not within his circle. no offence in law was committed by pita in lal and chokhe lal, as pointed out by the learned sessions judge. i, therefore, accept his recommendation and set aside the conviction and sentence of pitam lal and chokhe lal. in case the fine has been paid it will be refunded to them or if they are in jail they will be released at once.
Judgment:

Rafique, J.

1. This is a reference by the learned Sessions Judge of Bareilly recommending the quashing of the conviction and sentence passed upon Pitam Lal and Chokhe Lal. The latter were convicted under Section 352, Indian Penal Code, of an assault on a Sub-Inspector and fined Rs. 50. It appears that the Sub-Inspector wanted to search the house of one Dori where the two persons nained above also lived. They objected and raised their lathis at the Sub-Inspector to prevent him from entering the house The Sub-Inspector drew out his revolver upon which Pitam Lal and Chokhe Lal stood back and did not; oppose the Sub-Inspector.

2. The Sub-Inspector admittedly had no right to enter or attempt to search the house of Dori, as Dori's house was not within his Circle. No offence in law was committed by Pita in Lal and Chokhe Lal, as pointed out by the learned Sessions Judge. I, therefore, accept his recommendation and set aside the conviction and sentence of Pitam Lal and Chokhe Lal. In case the fine has been paid it will be refunded to them or if they are in Jail they will be released at once.


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