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Nagoji Ramachandra and ors. Vs. Queen Empress - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported in(1898)8MLJ253
AppellantNagoji Ramachandra and ors.
RespondentQueen Empress
Excerpt:
- order1. we do not consider that the conviction under section 188, indian penal code can be upheld. the order passed by the magistrate under section 146 of the criminal procedure code was an order to a police-officer to take possession of the land and not an order to any one of the accused persons. it is urged that the order of the 29th july 1896 is one the disobedience of which would constitute an offence under section 188, indian penal code, but we cannot accept that view. this is merely an administrative order by the deputy collector to the tahsildar to the effect that the lands are not to be leased out for the future. we set aside the conviction of the 3rd accused under section 188, indian penal code. it is, however, shown that the 1st and 2nd accused deliberately entered on the land.....
Judgment:
ORDER

1. We do not consider that the conviction under Section 188, Indian Penal Code can be upheld. The order passed by the Magistrate under Section 146 of the Criminal Procedure Code was an order to a Police-officer to take possession of the land and not an order to any one of the accused persons. It is urged that the order of the 29th July 1896 is one the disobedience of which would constitute an offence under Section 188, Indian Penal Code, but we cannot accept that view. This is merely an administrative order by the Deputy Collector to the Tahsildar to the effect that the lands are not to be leased out for the future. We set aside the conviction of the 3rd accused under Section 188, Indian Penal Code. It is, however, shown that the 1st and 2nd accused deliberately entered on the land while it was still under attachment by order of the Magistrate. In doing so they, we consider, committed an offence under Section 447, and we uphold the findings and sentences of the Magistrate under this Section. The 3rd accused, it is admitted, did not enter on the land and he has been, convicted under Section 188, Indian Penal Code, only. It is ordered that the fine imposed on him be refunded if it has been paid.


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