DALGANJAN KOERI Vs. STATE

JUDGEMENT

(1.) The following order of law has been referred to us by the learned Single Judge: - "Whether Section 188, I. P. C. is applicable to orders passed in judicial proceedings by civil, revenue or criminal courts?" The facts giving rise to this revision are that Srimati Manbasia, Parana Koori, Shakal Koori, Dal Ganjan Koeri and Prikhka Koeri are alleged to have cut and removed the crop of plot No. 485/1, 25 decimals. A suit under Section 60, U. P. Tenancy Act was filed by Ram Krishun Lal and others against Srimati Manbasia and others which was pending in the Court of the Judicial Officer in respect of plot No. 485/1, area 25 decimals. In that suit an order was passed for the attachment of the crop on the 16th January, 1951 and the crop was ordered to be attached through a commissioner Sri Tribhuwan Tewari. An order of injunction was served by the commissioner on the parties not to damage the crop in question. Three persons were appointed caretakers of the crop and they made a complaint on the 5th March, 1951 that the present applicants, in disobedience of the order of injunction, cut away the crop. On these facts the applicants were prosecuted under Sections 379 and 188, I. P. C. The Magistrate convicted the applicants and the conviction was confirmed in appeal.

(2.) in revision, before the learned Single Judge, one of the points taken by the applicants was that the applicants could not be convicted under Section 188, I. P. C. for breach of the order passed by the revenue court. Section 188, I. P. C. does not apply to orders passed in judicial proceedings by civil, revenue or criminal courts. As this question is of general importance, the learned Single Judge has referred this question to a Bench.

(3.) Section 188, I. P. C. provides: