GULAB Vs. KING-EMPEROR

JUDGEMENT

(1.) This is an application in revision against a judgment of 13. Birendra Pratap Sahi, Deputy Magistrate, 1 Class, sentencing the accused applicants to pay fines of Rs. 25 each under Secs.353 and 225, I.P.C. for assaulting an amin and rescuing one Ram Charitra, from arrest.

(2.) The application for revision raises the important point whether the liquidator of a Co-operative bank can arrest the heir of a deceased member of a co-operative society for an arrear due from his deceased father. I am in considerable doubt whether under the law he can do so. It appears to me that the liquidator can proceed only against the assets of the heir, vide the now sub-para, 9-A, after para. 167 (9) on p. 148 of the Manual of Co-operative Society, Vol. 1. I am, therefore of opinion that the heir cannot be made personally liable and that the arrest in the present case was not warranted by law.

(3.) I, therefore, forward the record to the Honourable High Court with the recommendation that the conviction and sentence passed by the Deputy Magistrate be set aside if the Honourable High Court agrees with my views. The Deputy Magistrate is asked to let me have an explanation within a week. Magistrate's Explanation.