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Mallampati Narasimham Vs. Sub-inspector of Police - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1924Mad895; 83Ind.Cas.1007; (1924)47MLJ447
AppellantMallampati Narasimham
RespondentSub-inspector of Police
Excerpt:
- orderspencer, j.1. the public prosecutor is not prepared to de-fend the action of the village munsif in attempting to distrain the moveable property of the lessee of the defaulter for un-paid water-tax. the warrant authorises distraint of the property of the defaulter. the defaulter in this case was the pattadar, a person different from the accused. the conviction for assaulting a public servant in the discharge of his duty cannot stand. it is quashed and the fine collected is directed to be refunded.
Judgment:
ORDER

Spencer, J.

1. The Public Prosecutor is not prepared to de-fend the action of the Village Munsif in attempting to distrain the moveable property of the lessee of the defaulter for un-paid water-tax. The warrant authorises distraint of the property of the defaulter. The defaulter in this case was the pattadar, a person different from the accused. The conviction for assaulting a public servant in the discharge of his duty cannot stand. It is quashed and the fine collected is directed to be refunded.


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