EMPEROR Vs. SHIVDAS OMKAR MARWADI

JUDGEMENT

(1.) The applicants in this case have been convicted under Section 186, Indian Penal Code, of the offence of voluntarily obstructing a public servant in the discharge of his public functions. The circumstances underlying the prosecution are these: The petitioners own a shop at Dhulia situated on the Agra Road, and the shop abuts on that road, which is lined by two gutters. Between the petitioners shop and the near gutter there is a small strip of land which admittedly for a period of over forty years the petitioners have been using for the purpose of depositing their bales and other goods. Latterly a dispute arose between the Municipality and the petitioners with reference to the title to this strip of .land, the petitioners contending that it was their property and that the public road-way began beyond the gutter.

(2.) On the 20th September 1911 the Municipality prosecuted the petitioners under the Municipal Act for an alleged encroachment upon this strip of land. The prosecution was unsuccessful, the petitioners being acquitted. Then on the 31st October 1911 the Chief Officer of the Municipality accompanied by a posse of Municipal servants came to the petitioners shop and attempted to remove the goods which the petitioners had placed upon this disputed strip. The petitioners obstructed the Municipal Chief Officer in his attempt to remove the goods and they have accordingly been convicted.

(3.) In the Court of the learned Magistrate who tried the case the main issues were : Whether the Municipal Officer had power to remove the encroachment or obstruction on a public street; and whether the accused had deposited boxes and other things on the public street; and thus caused an obstruction. Both these issues were determined in the affirmative, that is to say, against the petitioners.