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Peeru Muhammad Lebbai Vs. Swaminatha Pillai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.663
AppellantPeeru Muhammad Lebbai
RespondentSwaminatha Pillai
Excerpt:
penal code, (act xlv of 1860), sections 186 and 224 - running away to avoid arrest under warrant of civil court, whether offence. - .....us, we do not know how it can be said that any offence under section 224 or section 186, indian penal code, has been committed by the petitioner. the amin says that he tried to arrest him under a warrant of a civil court, but the petitioner ran away. that is surely not either obstructing a public servant in the discharge of his public functions within the meaning of section 186, indian penal code, nor does it bring the matter within section 224, indian penal code, which deals with the offence of offering resistance or illegal obstruction to the lawful apprehension of a person for an offence with which he is charged. it is not suggested that there was an offence charged against the petitioner. i would set aside the order of the district munsif, dated 23rd march 1915.ayling, j.2. i.....
Judgment:

Abdur Rahim, J.

1. On the materials placed before us, we do not know how it can be said that any offence under Section 224 or Section 186, Indian Penal Code, has been committed by the petitioner. The Amin says that he tried to arrest him under a warrant of a Civil Court, but the petitioner ran away. That is surely not either obstructing a public servant in the discharge of his public functions within the meaning of Section 186, Indian Penal Code, nor does it bring the matter within Section 224, Indian Penal Code, which deals with the offence of offering resistance or illegal obstruction to the lawful apprehension of a person for an offence with which he is charged. It is not suggested that there was an offence charged against the petitioner. I would set aside the order of the District Munsif, dated 23rd March 1915.

Ayling, J.

2. I agree. There is no basis for the District Munsif's jurisdiction. Process service report on the face of it discloses no offence.


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