Kolkata Court June 1899 Judgments
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Satish Chandra Rai and anr. Vs. Jodu Nandan Singh
Court: Kolkata
Decided on: Jun-01-1899
Reported in: (1899)ILR26Cal743
Prinsep and Hill, JJ.1. The petitioners were convicted by the Appellate Court under Section 225 B of the Indian Penal Code.2. On this rule, we have to consider whether the conviction is a valid conviction because the arrest was not lawfully made within the terms of Section 80 of the Code of Criminal Procedure, inasmuch as when the police officer, (sic) was resisted, made the arrest, he did not notify the substance of the warrant which he held to the person to be arrested. As an authority for this we have been referred to the case of Abdul Gafur v. Queen-Empress (1896) I.L.R., 23 Cal., 896, in which it was held that an arrest so made is not a lawful arrest, resistance to which is an offence under the Penal Code. The arrest here made was not for an offence for which a police officer was competent to make the arrest without a warrant. It was for the purpose of obtaining the attendance of a person who was a party to certain proceedings instituted under Section 110 of the Code of Criminal P...
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