RAGHUBIR SAHAI HITKARI Vs. STATE

JUDGEMENT

(1.) This is an application Under Section 561-A, Code of Criminal Procedure filed by the applicant who is a legal practitioner practising in Kanpur.

(2.) The applicant was appointed as commissioner on the 24th November 1954 by the Civil and Sessions Judge. Kanpur in Misc. case No. 9/75 of 1954 arising out of suit No. 21 of 1352. The applicant, in compliance with the order of the Civil and Sessions Judge, on the 25th November 1954 went to execute the commission and proceeded to the house in dispute. He was accompanied by the pairokars of the parties as well as of the auction purchaser. When he reached the house, Smt. Dayawanti and other lady occupants of the house agreed to vacate it after the order of the court had been explained to them.

(3.) While the Petitioner was engaged in executing the commission several persons of the locality collected there and they started obstructing the applicant in execution of the commission. They rushed towards the applicant to assault him. He, in fear of his life, ran to the police outpost which was nearby. At about 9 a. m. the applicant went to lodge a report at the Kotwali police station and he narrated the whole incident to the station office there. His report was recorded by the police. While the applicant was still present at the police Station, one of the pairokars who had accompanied the applicant came to the police station, and he was profusely bleeding. He also narrated the facts which were also recorded. The applicant, while he was on his way, met a sub-inspector accompanied by police constable who stopped him and told him that he was wanted by he Deputy Superintendent of Police. He went back to the Kotwali and there he met the Deputy Superintendent of Police who questioned him and asked him to show the authority of commission. The authority was shown to him. Thereupon he told the applicant that he was under arrest. The Petitioner was surprised at this attitude of the Deputy Superintendent of Police and he wanted to know as to what offence he had committed. The applicant was informed that a report was being recorded and after it was recorded it would be known whether the offence that he had committed was a bailable or non-bailable offence. If the report showed that it was a non-bailable offence he would be sent to jail. Thereafter the Deputy Superintendent of Police left the Kotwali.