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CALCUTTA HIGH COURT
Walmsley, J., Chitty, J.
Nishi Kanta Pal & Ors. - Appellant
Versus
Emperor - Respondent
Decided On : 31-03-1916
Penal Code - Obstruction - Sections 186, 341 IPC - The court found that no offence under Section 186 of the Indian Penal Code was committed by the petitioners, and the conviction and sentences could not be sustained on the grounds on which the Rule was granted.
Fact of the Case:
The case involves the conviction and sentencing of the petitioners, which the court found could not be sustained.
Finding of the Court:
The court made the Rule absolute and ordered the refund of any fines paid, as no offence under Section 186 of the Indian Penal Code was committed by the petitioners.
Issues: Whether the petitioners committed an offence under Section 186 of the Indian Penal Code.
Ratio Decidendi: The court found that no offence under Section 186 of the Indian Penal Code was committed by the petitioners, and the conviction and sentences could not be sustained on the grounds on which the Rule was granted.
Final Decision: The Rule was made absolute, and the fines, if paid, were to be refunded.
JUDGMENT
1. In this case we have read the explanation of the Magistrate, but we still adhere to our opinion that the conviction and sentences on the petitioners cannot stand on the grounds on which the Rule was granted. No offence u/s 186, Indian Penal Code, appears to have been committed. The Rule is made absolute. The fines, if paid, will be refunded.
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