LAWS(PVC)-1925-12-170

MULAI RAI Vs. EMPEROR

Decided On December 07, 1925
MULAI RAI Appellant
V/S
EMPEROR Respondents

JUDGEMENT

(1.) This is a criminal revision from an order convicting the accused tinder Section 190 of the Indian Penal Code and sentencing him to a fine of Rs. 55.

(2.) The applicant is the mukhtar-am of Mt. Daulata Kunwar who had constructed a temple inside her house, installed idols therein and performed puja by sounding conches in the evening. The Muhammadans of the mohalla objected to this and approached the District Magistrate who deputed a joint Magistrate to inspect the locality. The learned Magistrate being satisfied that there was an apprehension of some dispute passed an order under Section 144 of the Criminal P.C. on the 4 of February 1925 directing Mt. Daulata Kunwar to keep all the doors of the room in which the idols were kept closed and bolted, and to abstain from making any musical or other noise during a short period. After this the District Magistrate must have been trying to get the matter settled amicably if possible. On the 25 of February 1925 a large number of notices, including one to Hafizullah were sent out by the applicant under the name of Mt. Daulata Kunwar, As the notice to Hafizullah is the real basis of this prosecution it is necessary to set forth its terms in some detail. Its purport was as follows: "You, along with others, drew the attention of the District Magistrate and got him to depute the joint Magistrate to inspect the locality and convinced him that there was a fear of religious dispute which induced him to pass an order under Section 144 of the Criminal P.C. You are therefore given this notice that within one week of this date you should in writing express your dissociation from the said acts and give it in writing that you have no connexion or concern with those acts and that you do not desire to interfere with the worship which I perform in accordance with Hindu dharamsastras. If you fail to do so then you also will he impleaded in the array of the defendants in the civil suit which I am about to bring." The Courts below have held that the threat contained in the notice amounted to a threat of injury to a person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection. The view taken by the Courts below is that the real intention of the accused was to make the complainant desist from approaching the District Magistrate any further. Perhaps it would be best to quote the words of the appellate Court itself. The notice in question goes beyond the legitimate requirements of the case and reading the entire notice and considering other circumstances attending the matter in dispute the impression which one gets in that the notice was by way of a threat of a civil suit against the parson to whom the notice was addressed by which it was intended that he should refrain from approaching the District Magistrate about the matter and to seek his protection."

(3.) When the alleged threat of injury is contained in a written notice it is very doubtful how far the Courts are entitled to go outside the language of that notice in order to infer an intention which does not appear from that writing. This notice does not ask the addressee to refrain from approaching the District Magistrate any longer. Nor does it refer to any pending dispute. The Courts below, however, have taken the true intention to have been to make the complainant refrain from approaching the magisterial authorities. Assuming for the sake of argument that it was open to the Courts below to infer this intention, the question still remains whether the threat of the institution of a civil suit is an injury within the meaning of Section 190 of the Indian Penal Code.