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1924 Supreme(Mad) 593

KRISHNAN
Murugappa Naicker – Appellant
Versus
Emperor – Respondent


JUDGMENT

Krishnan, J.

1. This is an application to set aside an order passed by the District Munsif of Conjeevaram, under Section 476, Criminal Procedure Code, directing the prosecution of the petitioner before me under S, 186 of the Indian Penal Code. It was held by the District Munsif that the petitioner obstructed an Amin of his Court in the lawful discharge of his public functions, by pulling him by the band, when he went to deliver possession of a certain shop to the decree-holder, in O.S. No. 189 of 1922, on the file of his Court. The Amin, no doubt, had a warrant for delivery of possession of the shop to the decree-holder, and no doubt it may be, as the Munsif says, that some obstruction was offered to the Amin, in delivering possession of the shop. That is a matter, which will have to be decided later, if necessary; but for the purpose of the present case, I will assure e that such obstruction was offered by the petitioner before me.

2. The point taken before me is that, in doing so, ho committed no offence whatsoever as the Amin was not acting in the lawful discharge of his duties inasmuch as the warrant issued to the Amin was an illegal warrant. On a previous occasion, an ap



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