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S.V. Subramania Pillai Vs. G.J. Ponniah - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1939Mad569; (1939)1MLJ729
AppellantS.V. Subramania Pillai
RespondentG.J. Ponniah
Cases ReferredEmpress v. Tiruvengada Mudali I.L.R.
Excerpt:
- .....j.1. the sanitary inspector of a panchayat board was held to be a public servant in queen-empress v. tiruvengada mudali i.l.r. (1998) 21 mad. 428, because of section 43 of the madras local boards act (v of 1884) which has been deleted in the madras local boards act of 1920 (act xiv of 1920) and it is not contended that as such officer, a sanitary inspector has any of the duties specified in clause 10 of section 21 of the indian penal code. it follows therefore that the sanitary inspector of a panchayat board is not a public servant as defined in section 21 of the indian penal code and the fact that the sanitary inspector in this case was authorised by the president of the panchayat board to collect fees for sealing animals before slaughter would not make him a public servant. the charge.....
Judgment:
ORDER

Lakshmana Rao, J.

1. The Sanitary Inspector of a Panchayat Board was held to be a public servant in Queen-Empress v. Tiruvengada Mudali I.L.R. (1998) 21 Mad. 428, because of Section 43 of the Madras Local Boards Act (V of 1884) which has been deleted in the Madras Local Boards Act of 1920 (Act XIV of 1920) and it is not contended that as such officer, a Sanitary Inspector has any of the duties specified in Clause 10 of Section 21 of the Indian Penal Code. It follows therefore that the Sanitary Inspector of a Panchayat Board is not a public servant as defined in Section 21 of the Indian Penal Code and the fact that the Sanitary Inspector in this case was authorised by the President of the Panchayat Board to collect fees for sealing animals before slaughter would not make him a public servant. The charge framed under Section 353 of the Indian Penal Code is therefore quashed and the Magistrate will proceed with the case according to law on the footing that the Sanitary Inspector is not a public servant.


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