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Ahmed Mohideen Vs. Yusuf Ali Syed - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1941)2MLJ486
AppellantAhmed Mohideen
RespondentYusuf Ali Syed
- the exercise of his individual judgment. the revision petition therefore fails and is.....

Lakshmana Rao, J.

1. The house of the complainant was raided by the respondent, the Assistant Commissioner of Police under the provisions of Section 42 of the Madras City Police Act on 9th July last and instruments of gaming on horse races were found. The complainant escaped and he was arrested by the respondent on 10th July, and taken to the police station. Two Sub-Inspectors are stated to have beaten him in the station under the orders of the respondent and as urged by the Crown Prosecutor the respondent gave the order while acting or purporting to act in the discharge of his official duty. He is not removable from his office save by or with the sanction of the Secretary of State and Section 197, Criminal Procedure Code, enacts that no Court can take cognizance of such offence except with the previous sanction of the Governor of the Province in the exercise of his individual judgment. The revision petition therefore fails and is dismissed.

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