RAMESH CHANDRA SHARMA Vs. THE STATE

JUDGEMENT

(1.) THE applicant is a permanent resident of the town of Vrindaban. He practices as an advocate in the district courts at Mathura.

(2.) THE applicant visits the city of Mathura every day on his professional business as an advocate and returns back in the evening to his house at Vrindaban. According to the prosecution on the 2nd March, 1962 the applicant was on his way from Mathura to Vrindaban and when his car reached a place near Attalia Chauki he found a barrier, which had been raised by Mela Authorities in order to prevent the entry of persons who had not been inoculated for cholera in Vrindaban. As Sri Sharma stopped his car near the barrier and asked Bishambhar Dayal, who was looking after it to lift it to enable his car to pass, he was asked to show inoculation certificate. Sri Sharma retorted, that as he was a permanent resident of Vrindaban he was not required to take inoculation within the meaning of the aforesaid order. This resulted in a discussion between him and Bishambhar Dayal and the matter was ultimately referred to Sri G.C. Datta, Assistant Director Medical and Health Services and Jagdish Chandra, District Medical Officer of Health, both of whom happened to be present there at that time. They informed the applicant that for him it was necessary either to get himself inoculated at the barrier or to produce a certificate of inoculation before he could be allowed to enter the Mela area. It appears that there was some discussion between them and the applicant is alleged to have caught hold of Bishambhar Dayal by his neck, pushed him aside, lifted the barrier and drove away.

(3.) A number of witnesses were produced before the trial court in support of the prosecution story. The trial magistrate held that since the applicant had not entered the Mela area from outside, he was not required to take any inoculation within the meaning of the Regulations promulgated by the State Government. Even then the learned magistrate was of the view that as Bishambhar Dayal was barring the entrance of the persons in the Mela area with a view to find out whether they had been inoculated or not, he was acting under the colour of his office as a public servant and the applicant had no justification to push him aside and drive away his car by force. He, therefore, convicted the applicant Under Section 352 of the Indian Penal Code and sentenced him to pay a fine of Rs. 55/ - only.