( 1 ) THIS is a petition under sections 435 and 439, Criminal Procedure code, to revise the order of the Stationary Sub-Magistrate, Guntur, dated 16th october, 1956, whereby he held that section 47 of the Madras District Police Act applied to the petitioner s case.

( 2 ) BRIEFLY stated the facts are : that a reserve police constable, off his duty, went to the New Bombay Talkies of Guntur, having purchased a ticket to witness the cinem a show. The show had not yet commenced. It was all sultry. The fans were not set to work. There arose some quarrel between the proprietor and the constable in relation to the fans. The proprietor reported on phone to the Police Station, lalapet (requesting at the same time for necessary action) that the said person w creating a scene inside the premises of the hall in a drunken state. The Police officer in charge of the station house deputed a Head Constable who came to the hall. He was shown the reserve constable there in the bench class as the person who was in a drunken state and had created the scene. The Head Constable found in his examination that there was no smell of alcohol ; but upon the insistence of the proprietor he took the constable to

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