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Sheo Progash Tewari Vs. Bhoop NaraIn Prosad Pathak and anr. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1895)ILR22Cal759
AppellantSheo Progash Tewari
RespondentBhoop NaraIn Prosad Pathak and anr.
Cases ReferredQueen v. Bhagas Dafadar
Excerpt:
penal code (act xlv of 1860), sections 21 and 186 - escape from arrest--nazir's power of delegation--public servant. - .....opinion that this case cannot be distinguished from the case of dharam chand lal v. queen-empress (ante, p. 596) decided by a bench of this court on the 6th instant, and this rule must, therefore, be discharged.2. the point whether the escape of a prisoner from arrest is or is not an obstruction of a public servant within the meaning of section 186 of the penal code does not arise in this case, as it was proved that the petitioner being present abetted four other persons in obstructing a public servant.3. we may refer to the case of queen v. bhagas dafadar 2 b.l.r. f.b. 21 as showing that a peon of a court of justice, whose duty it is to execute any judicial process, is a public servant within the meaning of the definition in section 21 of the penal code, clause 4.
Judgment:

W. Comer Petheram, C.J. and Beverley, J.

1. We are of opinion that this case cannot be distinguished from the case of Dharam Chand Lal v. Queen-Empress (ante, p. 596) decided by a Bench of this Court on the 6th instant, and this rule must, therefore, be discharged.

2. The point whether the escape of a prisoner from arrest is or is not an obstruction of a public servant within the meaning of Section 186 of the Penal Code does not arise in this case, as it was proved that the petitioner being present abetted four other persons in obstructing a public servant.

3. We may refer to the case of Queen v. Bhagas Dafadar 2 B.L.R. F.B. 21 as showing that a peon of a Court of Justice, whose duty it is to execute any judicial process, is a public servant within the meaning of the definition in Section 21 of the Penal Code, Clause 4.


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