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Jogendra Mohan Chowdhury and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1933Cal695
AppellantJogendra Mohan Chowdhury and ors.
RespondentEmperor
Cases ReferredRam Prasad v. Emperor
Excerpt:
- 1. we have examined the record. we are not of opinion that the hoisting of what is called the national flag in the circumstances disclosed over a shop or refusal to take it down at the request of the police amounts to assisting the operations of an unlawful association or is an offence under section 17(1), criminal law amendment act, 1908: sec in this connexion the case of ram prasad v. emperor : air1933all95 which is on all fours with the present case. the result therefore is that the convictions of and the sentences passed on the petitioners are set aside and the fines, if paid, will be refunded.
Judgment:

1. We have examined the record. We are not of opinion that the hoisting of what is called the national flag in the circumstances disclosed over a shop or refusal to take it down at the request of the police amounts to assisting the operations of an unlawful association or is an offence under Section 17(1), Criminal Law Amendment Act, 1908: sec in this connexion the case of Ram Prasad v. Emperor : AIR1933All95 which is on all fours with the present case. The result therefore is that the convictions of and the sentences passed on the petitioners are set aside and the fines, if paid, will be refunded.


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