NANDLAL Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Additional Sessions Judge, Neemuch for quashing the conviction of the applicants under S. 353, I.P.C.

(2.) THE Magistrate before whom the applicants were prosecuted, found that the members of the Construction Committee of the Municipal Board, Neemuch were obstructed in the discharge of their duty and were not allowed to inspect the site of one Baluram Lakhera. These members had been to the spot on 17 -5 -1957 at 9.30 A. M., in order to find out whether construction was proper.

(3.) THE applicants filed an appeal before the Additional Sessions Judge. He has come to the conclusion that no offence was committed as there was no intention to deter the public Servants from the discharge of their duty. The Additional Sessions Judge also came to the conclusion that there was no common intention in furtherance of which the applicants had assembled there. The Addl. Sessions Judge found also that as there was no appeal, the appeal could be treated as a revision and as he could not acquit the accused under his revisional powers, he has made this reference.