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In Re: Bhoobuneshwar Dutt

Type Court Judgment Court Kolkata Decided Dec 14, 1877
~1 min read
https://sooperkanoon.com/case/862027

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Citation
Court
Kolkata
Judge
Decided On
Subject
Criminal

Case Summary

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

Refusal to give Receipt for Summons - Indian Penal Code (Act XLV of 1860), Section 173. -

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Bhoobuneshwar Dutt

Legal References

Cases Referred
Reg v. Kalya
Reported In
(1878)ILR3Cal621

Excerpt

refusal to give receipt for summons - indian penal code (act xlv of 1860), section 173. - markby, j.1. it appears to us that this conviction must be set aside. the charge against the petitioner was, that lie had refused to give a receipt for a summons. this has been held by the high court of bombay in reg v. kalya bin fakir 5 bom. ii. c. rep. cr. cases 34 not to be an offence under section 173 of the indian penal code, which is the section under which this conviction has been made. we concur in that decision.2. this conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. if the petitioner is in jail, ho will be released.

Full Judgment

Markby, J.

1. It appears to us that this conviction must be set aside. The charge against the petitioner was, that lie had refused to give a receipt for a summons. This has been held by the High Court of Bombay in Reg v. Kalya bin Fakir 5 Bom. II. C. Rep. Cr. Cases 34 not to be an offence under Section 173 of the Indian Penal Code, which is the section under which this conviction has been made. We concur in that decision.

2. This conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. If the petitioner is in jail, ho will be released.

Continue Your Research

Same Parties In Re: Bhoobuneshwar Dutt vs Same Subject Criminal Same Judge Markby and ;Mitter, JJ.
Criminal

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