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Dharma Singh Vs. Emperor

Dharma Singh vs Emperor

Type Court Judgment Court Chennai Decided Apr 24, 1923
~1 min read
https://sooperkanoon.com/case/814494

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Citation
Court
Chennai
Judge
Decided On
Subject
Miscellaneous

Case Summary

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

Criminal procedure code (Act V of 1898), Section 342(1), Chapter XXII - Summons-case tried summarily--Section 342, applicability of. - T.N. DISTRICT POLICE ACT, 1859 [Act No. 24/1859]. Section 10 & Tamil Nadu Special Police Subordinate Service Rules, Rule 14(b), Clause (iv) Explanation (1); [A.P. Shah,C.J., F.M. Ibr...

Key legal issue
Miscellaneous

Parties & Advocates

Appellant / Petitioner

Dharma Singh

Respondent

Emperor

Legal References

Reported In
74Ind.Cas.959

Excerpt

criminal procedure code (act v of 1898), section 342(1), chapter xxii - summons-case tried summarily--section 342, applicability of. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the proviso to article 309 of the constitution., the rule is not assailed on the ground of lack of competence. it is challenged only on the ground that it is violative of articles 14 and 16 of the constitution. but it is well settled that if a rule passes the twin tests of (i) being founded on an intelligible differentia, and (ii) such differentia having a nexus with the object sought to be achieved, it cannot be said to be violative of articles 14 and 16 of the constitution. the impugned rule creates a classification of persons, who were not involved in criminal cases and persons, who were involved in criminal cases. the object of creating such a classification is to ensure that only those persons, whose character and antecedents were beyond and shadow of doubt alone, are permitted entry into the police service of the state. the rule is only a reflection of the intention of the government to maintain purity of administration. the rule merely provides a check post or a filter point, to ensure that only those, who had a clean record of personal life, are admitted into the system. that the existing system, has already come under heavy dose of criticism, cannot be swept under the carpet. therefore, as an employer, the government is.....order1. this case raises the same point as criminal revision case no. 691 pages 945 of this vol, ante.-ed the only difference being that it was tried summarily under chapter xxii. in our judgment, there is no difference between sammary trials of summons-cases and the ordinary trials of summons cases. this petition must be dismissed. the sentence is light but, in the, circumstances, as he has already been released and only his a few more days to serve, we reduce the sentence to 11 days.

Full Judgment

ORDER

1. This case raises the same point as Criminal Revision Case No. 691 Pages 945 of this Vol, ante.-Ed the only difference being that it was tried summarily under Chapter XXII. In our judgment, there is no difference between sammary trials of summons-cases and the ordinary trials of summons cases. This petition must be dismissed. The sentence is light but, in the, circumstances, as he has already been released and only his a few more days to serve, we reduce the sentence to 11 days.

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