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1932 Supreme(Nagpur) 1

NIYOGI
YESHWANT – Appellant
Versus
EMPEROR – Respondent


JUDGMENT

Niyogi, A J C—Yeshwanta, son of Vishwanath, and 16 others were convicted of the offence of knowingly joining and continuing in an assembly of more than five persons likely to cause a disturbance of the peace, after it was commanded to disperse, punishable under Section 151, I.P.C., and sentenced to pay fines of Rs. 200 each, with the exception of one who was fined Rs. 100. On appeal the First Class Magistrate exercising powers under Section 30, Criminal P. C., upheld the conviction, but reduced the fines to Rs. 50 each, and in one case to Rs. 25. All of them have filed a joint application for revision in this Court. On 24th August 1930 at Lonar the applicants headed a procession which is described as Shila Pola procession with music playing and moved along a route leading past the front of a mosque. The Moslems had gathered in the mosque determined to resist the applicants' procession with violence. With a view to avert a disturbance of the public peace, the Sub-Inspector of Police commanded the processionists to stop the music and disperse. The applicants disobeyed the order on the ground that they had a lawful right to use a public way for leading their procession with mu






























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