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In Re: A. Govindaswamy and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Case NumberCriminal Revn. No. 885 and Cri. Revn. Petn. No. 821 of 1949
Judge
Reported inAIR1950Mad31
ActsMadras City Police Act, 1888 - Sections 75; Code of Criminal Procedure (CrPC) , 1898 - Sections 106
AppellantIn Re: A. Govindaswamy and ors.
Appellant AdvocateN.S. Mani, Adv. for Row and Reddy
Respondent AdvocateCrown Prosecutor
Excerpt:
- - mani, for the petitioners, urged that section 75 would apply only to persons guilty of riotous, disorderly or indecent behaviour as a result of being drunk and not as here, without being drunk and in a perfectly sober mood. , like these petitioners......section 75, city police act to undergo three weeks rigorous imprisonment each for behaving in a riotous, disorderly or indecent manner and have also been directed to execute bonds themselves for rs. 50 each with one surety for rs. 50 each for six months after release under section 106, criminal p. c. mr. mani, for the petitioners, urged that section 75 would apply only to persons guilty of riotous, disorderly or indecent behaviour as a result of being drunk and not as here, without being drunk and in a perfectly sober mood. i cannot agree. section 75 punishes both drunkards incapable of taking care of themselves, and people, guilty of riotous, disorderly or indecent behaviour in any public place, etc., like these petitioners. the petitioners abused in filthy and indecent language, the.....
Judgment:
ORDER

Panchapakesa Ayyar, J.

1. The petitioners have been sentenced under Section 75, City Police Act to undergo three weeks rigorous imprisonment each for behaving in a riotous, disorderly or indecent manner and have also been directed to execute bonds themselves for Rs. 50 each with one surety for Rs. 50 each for six months after release under Section 106, Criminal P. C. Mr. Mani, for the petitioners, urged that Section 75 would apply only to persons guilty of riotous, disorderly or indecent behaviour as a result of being drunk and not as here, without being drunk and in a perfectly sober mood. I cannot agree. Section 75 punishes both drunkards incapable of taking care of themselves, and people, guilty of riotous, disorderly or indecent behaviour in any public place, etc., like these petitioners. The petitioners abused in filthy and indecent language, the loyal workers and behaved in a riotous, disorderly and indecent fashion in a public place and were rightly convicted under Section 75. But, considering all the circumstances, I modify the sentences to the periods of imprisonment already undergone and a fine of Rs. 15 each or in default further rigorous imprisonment for a week each. Time for payment till 3 P. M. on 14th August 1949.

2 There was no jastification in the circumstances of this case to take bonds under Section 106, Criminal P. C., from any of the petitioners, none of whom had any antecedents of crimes involving a breach of the peace and all of whom had acted in sudden heat of passion on finding their fellow workers refusing to join the strike and persisting in going on working, The bonds are cancelled.


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