Queen-empress Vs. Tafaullah

Queen-empress vs Tafaullah

Type Court Judgment Court Kolkata Decided Sep 12, 1885

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https://sooperkanoon.com/case/857600

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Citation: sooperkanoon.com/857600
Court: Kolkata
Judge: Tottenham and; Agnew, JJ.
Decided On: Sep 12, 1885
Subject: Criminal

Case Summary

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

Escape from lawful custody - Arrest under civil process, Escape from--Criminal liability of officer suffering escape--Penal Code (Act XLV of 1860), Section 223. -

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Queen-empress

Respondent

Tafaullah

Legal References

Reported In: (1885)ILR12Cal190

Excerpt

escape from lawful custody - arrest under civil process, escape from--criminal liability of officer suffering escape--penal code (act xlv of 1860), section 223. - tottenham and agnew, jj.1. we think that the sessions judge is light in considering the conviction to be illegal. section 223 of the penal code applies only to cases where the person, who is allowed to escape, is in custody for an offence, or has been committed to custody, and not to cases where such person has simply been arrested under civil process. we, therefore, set aside the conviction and order the fine, if paid, to be refunded.

Full Judgment

Tottenham and Agnew, JJ.

1. We think that the Sessions Judge is light in considering the conviction to be illegal. Section 223 of the Penal Code applies only to cases where the person, who is allowed to escape, is in custody for an offence, or has been committed to custody, and not to cases where such person has simply been arrested under civil process. We, therefore, set aside the conviction and order the fine, if paid, to be refunded.

Same Parties Queen-empress vs Tafaullah Same Subject Criminal Same Judge Tottenham and; Agnew, JJ.

Criminal