BIRDHI CHAND JAIPURIA Vs. DARBARI JAYASWAL

JUDGEMENT

(1.) This is a petition for the revision of a decision of the Subdivisional Officer of Manbhum acquitting certain persona who were charged under Secs.186 and 147, I. P.C. It is rarely that this Court sets aside an acquittal by a Magistrate, but the circumstances of this case are somewhat unusual and call for such action on the part of this Court.

(2.) It would appear that there had been a suit between two parties of Marwaris which resulted in a decree in favour of the plaintiff for the payment of a sum of money by the defendants, and in execution of that decree a naib nazir of the District Judge's Court went to Balarampur to execute a writ of attachment against the property of Chunilal Lahariwala and five other persons. He was accompanied by civil Court peons, by a pleader of the decree holder and by an individual named Madan Lal Jaipuria who is a grandson of one of the decree holders and who went with the naib nazir for the purposes of identification. The writ of attachment was in ordinary form and directed the naib nazir to attach and keep in his custody the moveable and immovable property of the judgment-debtors unless he should receive payment of the sum for which the decree was passed. The persons who have ultimately been accused in this case are firstly one Darbari Jayaswal who appears to be a servant of the judgment-debtor's firm. Then there are a number of persons: Lakshmi Narayan, Mahabir Prasad Lahariwala and Jokhiram Lahariwala who appear to be members of the family, who constitute the defendant firm, and there is also one Aminuddin who was a servant.

(3.) When the naib nazir was taken by the pleader and Madan Lal Jaipuria to the place where the defendant firm carry on their business he was first taken to the house which was occupied by them and he there met a number of members of the firm including the actual judgment-debtors and read out and explained the writ of attachment and demanded the money which was payable. They replied that they had no money and told the naib nazir that he could do what he liked. Thereupon he went round to the main entrance of the house, but found the door of the courtyard locked and a large crowd of people armed with various weapons. Considering discretion to be the better part of valour he left a peon there with directions to see that nothing was removed from the house, and went to another place of business of the judgment-debtors hoping to have better fortune. He first visited a lac factory of the judgment debtors and here also he found a similar state of affairs. The doors were locked and an armed party was waiting for the reception of the officer. There again the nazir repeated his procedure. He left a peon to watch the factory and went on a second journey to a flour mill. There again the same procedure was repeated. He found an armed party and the place locked up. Then he went to a shop where miscellaneous articles were sold by the judgment- debtors and there again he found people posted.