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In Re: Vemi Reddi Lacha Reddi - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.245
AppellantIn Re: Vemi Reddi Lacha Reddi
Excerpt:
penal code (act xlv of 1860), section 176 - criminal procedure code (act v of 1898) section 45(1)(c)--intentional omission to furnish information to public servant by a person legally bound i to do so--village magistrate receiving information of loss or theft of jewel--failure to report to police--conviction. - order1. it is clear from the evidence of prosecution witness no. 2 that the only information, that the village magistrate--accused--had, was that a jewel, belonging to p.w. no. 2, was missing, whether because it had been stolen or because the daughter of p.w. no. 2 had lost it. this being so, it cannot be said that the village magistrate had any information of the commission of that offence of theft, which, under section 45(c), criminal procedure code, he was bound to communicate to the magistrate or police. we set aside the conviction against the accused and direct that the fine, if paid, be refunded.
Judgment:
ORDER

1. It is clear from the evidence of Prosecution Witness No. 2 that the only information, that the Village Magistrate--accused--had, was that a jewel, belonging to P.W. No. 2, was missing, whether because it had been stolen or because the daughter of P.W. No. 2 had lost it. This being so, it cannot be said that the Village Magistrate had any information of the commission of that offence of theft, which, under Section 45(c), Criminal Procedure Code, he was bound to communicate to the Magistrate or Police. We set aside the conviction against the accused and direct that the fine, if paid, be refunded.


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