MAHENDRA SINGH AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THE petitioners have moved against the order of their conviction passed Under Section 353 of the IPC sentencing each of them to rigorous imprisonment for a period of two months. The prosecution case is that on 18 -5 -1955, at about 7:30 P.M., Sri Subodh Chandra Das, Sub Inspector of Police attached to Golaghat Police Station, was on patrol duty with a Section of the armed Police. He got a report that some public nuisance was being created by several drunkards in the town area, and he was told that after creating disturbance, those people had boarded a bus and were fleeing from the locality.

(2.) THE Court of appeal below appears to have thought that Under Section 34, paragraph (6) of the Police Act, the Police officer had not only the right but it was his duty to arrest the petitioners. Section 34 empowers the Police officer to take into custody, without a warrant, any person who, within his view, commits any of such offences as being found drunk or riotous or incapable of taking care of himself. The allegation in this case is that the complainant S. C. Das was informed by one Kamakhya Prasad (P.W. 6) that there was a quarrel between one Puinarneshi (P.W. 5) and some persons, meaning the petitioners, and that a nuisance was being created by those persons. It was on this information that the complainant pursued the petitioners, who were then travelling in a bus, and wanted to effect their arrest, when the incident complained of happened.