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Bahadur of Bahadre Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in92Ind.Cas.460
AppellantBahadur of Bahadre
RespondentEmperor
Cases ReferredSahdeo Rai v. Emperor
Excerpt:
penal code (act xlv of 1880), section 173 - criminal procedure code (act v of 1898), section 160--notice to attend enquiry, refusal to accept--intentionally preventing service--offence. - kanhaiya lal, j.1. a notice was issued by a police officer under section 160 of the cr. p.c. requiring the petitioner, bahadur a, to attend the enquiry. he is said to have refused to take the notice. he has been tried and convicted of an offence under section 173 of the indian penal code. this does not, however, amount to an offence of intentionally preventing service sahdeo rai v. emperor 46 ind. cas. 522 : 40 a. 577 : 16 a.l.j. 453 : 19 cr. l.j. 746.2. the conviction and sentence are, therefore, set aside. the fine, if paid, will be refunded.
Judgment:

Kanhaiya Lal, J.

1. A notice was issued by a Police Officer under Section 160 of the Cr. P.C. requiring the petitioner, Bahadur a, to attend the enquiry. He is said to have refused to take the notice. He has been tried and convicted of an offence under Section 173 of the Indian Penal Code. This does not, however, amount to an offence of intentionally preventing service Sahdeo Rai v. Emperor 46 Ind. Cas. 522 : 40 A. 577 : 16 A.L.J. 453 : 19 Cr. L.J. 746.

2. The conviction and sentence are, therefore, set aside. The fine, if paid, will be refunded.


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