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Durga Charan Mali Vs. NobIn Chandra Sil - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1898)ILR25Cal274
AppellantDurga Charan Mali
RespondentNobIn Chandra Sil
Cases ReferredAbdool Gaffur v. Queen
Excerpt:
penal code (act xlv of 1860), section 183 - resistance to attachment--lawful authority--villaqe chaukidari act (bengal act vi of 1870), section 26, section 27 and section 34. - banerjee and wilkins, jj.1. upon the facts found by the joint magistrate himself, the provisions of sections 26 and 27 of the village chaukidari act benga act vi of 1870) had not been complied with, and the chaukidar had no authority to attach the properly in question. resistance to the attachment by him cannot, therefore, we think, constitute an offence under section 183 of the indian penal code. this view is to some extent supported by the case of abdool gaffur v. queen-empress (1896) i.l.r. 23 cal. 896.we, therefore, set aside the conviction and sentence, and order refund of the fine if it has been realized.
Judgment:

Banerjee and Wilkins, JJ.

1. Upon the facts found by the Joint Magistrate himself, the provisions of Sections 26 and 27 of the Village Chaukidari Act Benga Act VI of 1870) had not been complied with, and the chaukidar had no authority to attach the properly in question. Resistance to the attachment by him cannot, therefore, we think, constitute an offence under Section 183 of the Indian Penal Code. This view is to some extent supported by the case of Abdool Gaffur v. Queen-Empress (1896) I.L.R. 23 Cal. 896.

We, therefore, set aside the conviction and sentence, and order refund of the fine if it has been realized.


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