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The Queen Vs. Vanam Subramanyam and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1882)ILR5Mad378
AppellantThe Queen
RespondentVanam Subramanyam and anr.
Excerpt:
madras act iii of 1869 - penal code, section 174. - - 2. the accused were not summoned to give evidence or produce any document in connection with the investigation of any matter in which the tahsildar was authorized to hold an inquiry, and the summons disobeyed is, therefore, not within the purview of madras act iii of 1869. 3. the conviction is bad and must be quashed.muttusami ayyar and tarrant, jj.1. accused have been convicted of disobedience to summonses issued under madras act iii of 1869 by the local tahsildar, requesting them to attend the taluq kachari for the purpose of preparing the census, jama-bundi, dowle, and other accounts. they were each sentenced to a fine of rs. 5, or in default five days' simple imprisonment.2. the accused were not summoned to give evidence or produce any document in connection with the investigation of any matter in which the tahsildar was authorized to hold an inquiry, and the summons disobeyed is, therefore, not within the purview of madras act iii of 1869.3. the conviction is bad and must be quashed. the fine, if levied, should be refunded.
Judgment:

Muttusami Ayyar and Tarrant, JJ.

1. Accused have been convicted of disobedience to summonses issued under Madras Act III of 1869 by the local Tahsildar, requesting them to attend the Taluq kachari for the purpose of preparing the Census, Jama-bundi, Dowle, and other accounts. They were each sentenced to a fine of Rs. 5, or in default five days' simple imprisonment.

2. The accused were not summoned to give evidence or produce any document in connection with the investigation of any matter in which the Tahsildar was authorized to hold an inquiry, and the summons disobeyed is, therefore, not within the purview of Madras Act III of 1869.

3. The conviction is bad and must be quashed. The fine, if levied, should be refunded.


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