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Queen-empress Vs. Thimmachi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad93
AppellantQueen-empress
RespondentThimmachi
Excerpt:
penal code, section 186 - obstructing a public servant--public vaccinator. - wilkinson, j.1. i do not think the conviction can be maintained. spreading a false report and thereby preventing people from bringing their children for vaccination does not appear to me to amount to voluntary obstruction of the vaccinator in the performance of his public duties the conviction and sentence should be quashed.shephard, j.2. to prevent by physical means persons willing to be vaccinated from being vaccinated might be obstruction of the vaccinator within the meaning of the section. but merely to dissuade a person from submitting to vaccination is another matter. that is not obstruction, for it is only with regard to willing patients that the vaccinator has any duty. the conviction should be set aside, and the line, if paid, refunded.3. ordered accordingly.
Judgment:

Wilkinson, J.

1. I do not think the conviction can be maintained. Spreading a false report and thereby preventing people from bringing their children for vaccination does not appear to me to amount to voluntary obstruction of the vaccinator in the performance of his public duties The conviction and sentence should be quashed.

Shephard, J.

2. To prevent by physical means persons willing to be vaccinated from being vaccinated might be obstruction of the vaccinator within the meaning of the Section. But merely to dissuade a person from submitting to vaccination is another matter. That is not obstruction, for it is only with regard to willing patients that the vaccinator has any duty. The conviction should be set aside, and the line, if paid, refunded.

3. Ordered accordingly.


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