KING-EMPEROR Vs. DAULAT SINGH

JUDGEMENT

(1.) A warrant of arrest was issued in execution proceedings against the accused Daulat Singh Rajput. Tha ohaprasi to whom it was entrusted showed it to Daulat Singh, who refused to surrender to it on the frivolous excuse that it could only be executed under the orders of the Tahsildar, as he was a Kamdar Patel. The chaprasi then laid hold of Daulat Singh's arm (not of his hand as has been recorded in the case in accordance with the invariable mistranslation of the word hath), and Daulat Singh jerked himself free and went away. On these facts he has been rightly convicted by a Magistrate of the 2nd Class of an offence punishable under Section 225-B, I.P.C., and has been released "after due admonition" under Section 562(I-A), Criminal P.C.

(2.) THE case has been referred to this Court on two grounds. The first, which is of no importance whatever in the case, is admittedly taken solely for the purpose of getting a "ruling" from this Court on a point of law. It is the contention that a Magistrate of the Second Class not specially empowered by. the Local Government in that behalf is not competent to release an offender after due admonition under Section 562(1-A), Criminal P.C. But. however, illegal such an order might be, this Court would refuse to disturb it in revision unless it were unjust, and, however, legal it might be, this Court would not hesitate to disturb it in revision' if it were unjust. This is a Court of justice not an Academy of Law.

(3.) THE paragraph added to Section 562 in 1923 is not only a part of the same section as the proviso, as the learned Judges of the Bombay High Court pointed out, but a part of the same sub-section. But the other reason stated in that judgment is quite conclusive The proviso governs all cases in which "the powers conferred by this section" (hot sub-section) are exercised, and Sub-section (1-A) is as much a part of the whole section as Sub-section (1).