KANAHAIYA LAL Vs. KISHEN LAL

JUDGEMENT

(1.) The plaintiff in this case was process-server in the Court of the Munsif of Kasganj. The defendant in execution of two decrees obtained issue of warrants of arrest against his judgment-debtors. These warrants were made over to the plaintiff for service. On the 13 September, 1905, the defendant put in an application before the Munsif asking that another process-server be deputed to execute the warrants upon the allegation that the plaintiff had told him he would not execute them unless he were paid the sum of Rs. 8. An affidavit was put in support of his application.

(2.) An inquiry was held by the Munsif who formed the opinion that the defendant's allegations were true and who then reported the matter to the District Judge with a recommendation that the plaintiff be transferred to some other Court, and that an unfavourable entry be made in the process-server's service book.

(3.) The District Judge, however, took a more serious view of the matter and directed the prosecution of the plaintiff for an offence under Section 161 of the Indian Penal Code. The plaintiff was accordingly tried for an offence under that section and eventually was acquitted.