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The State Vs. Puran Chand - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtHimachal Pradesh High Court
Decided On
Case NumberCriminal Appeal No. 1 of 1953
Judge
Reported in1955CriLJ947
ActsPolice Act, 1861 - Section 29; ;Punjab Police Rules - Rule 17.1; ;Code of Criminal Procedure (CrPC) , 1898 - Section 342
AppellantThe State
RespondentPuran Chand
Appellant Advocate N.D. Gupta, Govt. Adv.
Respondent Advocate D.R. Ahluwalia, Adv.
DispositionAppeal allowed
Excerpt:
criminal - allotment of duties - section 29 of police act, 1861 and section 342 of criminal procedure code, 1898 - appeal against acquittal order - respondent prosecuted of offence under section 29 on complaint that he refused to perform his duties as member of hawalat guard although instructed to do so by lines officer - allotment of duties is necessarily matter within discretion of higher authorities - it was not for respondent to suggest that others and not he should be put on guard duty - proper course for respondent would have been to perform duty allotted to him and in case he felt aggrieved he could have made representation to higher authorities - no justification for respondent to refuse to perform duties allotted to him - respondent was guilty of offence under section 29 -.....order8. i allow the appeal, set aside the order of the court below, convict the respondent, puran chand, of an offence under section 29, police act, and sentence him to imprisonment till the rising of the court. further, a penalty of rs. 31/-representing one month's pay is inflicted upon him. this will be recovered by withholding the amount from arrears of pay and allowances if any due to the respondent from the police department. in . case no arrears of pay and allowances are due to the respondent, the penalty will not otherwise be realized.
Judgment:
ORDER

8. I allow the appeal, set aside the order of the Court below, convict the respondent, Puran Chand, of an offence under Section 29, Police Act, and sentence him to imprisonment till the rising of the Court. Further, a penalty of Rs. 31/-representing one month's pay is inflicted upon him. This will be recovered by withholding the amount from arrears of pay and allowances if any due to the respondent from the Police Department. In . case no arrears of pay and allowances are due to the respondent, the penalty will not otherwise be realized.


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