Debigir Tapdhari Vs. Emperor

Debigir Tapdhari vs Emperor

Type Court Judgment Court Allahabad Decided Dec 22, 1924

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Citation: sooperkanoon.com/463560
Court: Allahabad
Decided On: Dec 22, 1924
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Debigir Tapdhari

Respondent

Emperor

Legal References

Reported In: AIR1925All322

Excerpt

- mukerji, j.1. this is a reference by the learned sessions judge of bulandshahr with the recommendation that the conviction of one debigir tapdhari under section 173 of the indian penal code may be set aside and the fine inflicted may be remitted.2. it appears that a police constable took a summons to debigir tapdhari for the purpose of serving it on him. debigir refused to take the summons and sign an acknowledgment. this is all that hag been proved in the case. the learned magistrate thinks that this is enough to constitute an offence under section 173 of the indian penal code and the learned sessions judge thinks that something more is necessary than a refusal to accept a summons for a conviction under the said section. i agree with the learned sessions judge.3. i accept the reference, set aside the conviction and sentence and order that the tine, if paid, be refunded.

Full Judgment

Mukerji, J.

1. This is a reference by the learned Sessions Judge of Bulandshahr with the recommendation that the conviction of one Debigir Tapdhari under Section 173 of the Indian Penal Code may be set aside and the fine inflicted may be remitted.

2. It appears that a police constable took a summons to Debigir Tapdhari for the purpose of serving it on him. Debigir refused to take the summons and sign an acknowledgment. This is all that hag been proved in the case. The learned Magistrate thinks that this is enough to constitute an offence under Section 173 of the Indian Penal Code and the learned Sessions Judge thinks that something more is necessary than a refusal to accept a summons for a conviction under the said section. I agree with the learned Sessions Judge.

3. I accept the reference, set aside the conviction and sentence and order that the tine, if paid, be refunded.

Same Parties Debigir Tapdhari vs Emperor Same Subject Criminal

Criminal