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1960 Supreme(Raj) 177

RANAWAT, BHANDARI
Pangir – Appellant
Versus
State – Respondent


Advocates Appeared:
Nauratanmal, for Appellant; B.C. Chatterji, Asstt. Govt. Advocate, for State

Ranawat, J. —This case was referred to a Division Bench by one of us sitting singly. The facts of the case have been given in the order of reference and we need not repeat them over again.

2. The accused Pangir was convicted by the court of the Sub-Divisional Magistrate, Nohar on the 3lsc of January, 1958 under Sec. 353 and 225(b) I.P.C. His convictions were confirmed on appeal by the Additional Sessions Judge, Ganganagar on the 13th of March, 1958. It was held by both the courts that the accused Pangir obstructed Ganpat Singh, Head Constable of Police while the latter was taking Mst. Lichhma with him after having arrested her in pursuance of a warrant issued by the Sub-Divisional Magistrate of Nohar and he rescued her from the custody of Ganpat Singh. It was also held that he used criminal force and assaulted the Police officer while he was performing his duty. In this appeal, it is contended that the warrant issued by the magistrate was illegal inasmuch as it did not bear the seal of the court and the action of the accused in obstructing and in rescuing Mst. Lichhma was therefore not punishable under sec. 353 and 225(b) I.P.C. In support of the contention, the decisions in— Alter















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