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In Re: Bhoobuneshwar Dutt - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1878)ILR3Cal621
AppellantIn Re: Bhoobuneshwar Dutt
Cases ReferredReg v. Kalya
Excerpt:
refusal to give receipt for summons - indian penal code (act xlv of 1860), section 173. - markby, j.1. it appears to us that this conviction must be set aside. the charge against the petitioner was, that lie had refused to give a receipt for a summons. this has been held by the high court of bombay in reg v. kalya bin fakir 5 bom. ii. c. rep. cr. cases 34 not to be an offence under section 173 of the indian penal code, which is the section under which this conviction has been made. we concur in that decision.2. this conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. if the petitioner is in jail, ho will be released.
Judgment:

Markby, J.

1. It appears to us that this conviction must be set aside. The charge against the petitioner was, that lie had refused to give a receipt for a summons. This has been held by the High Court of Bombay in Reg v. Kalya bin Fakir 5 Bom. II. C. Rep. Cr. Cases 34 not to be an offence under Section 173 of the Indian Penal Code, which is the section under which this conviction has been made. We concur in that decision.

2. This conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. If the petitioner is in jail, ho will be released.


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