The State Vs. Puran Chand

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 - respondent not prejudiced due to failure of trial magistrate to examine him under section 342 - no question of ordering retrial - appeal allowed. - 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.