DURGA CHARAN JEMADAR Vs. QUEEN-EMPRESS
DURGA CHARAN JEMADAR
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Prinsep and Stanley, JJ -
(1.) The petitioners have been convicted, Durga Jemadar under Secs.353, 225B, 143 and 341 of the Indian Penal Code, and Hari Manjhi under Secs.143, 341 and 225B, of the Indian Penal Code, and their offences may be shortly described as rescuing four persons who had been arrested and otherwise obstructing the execution of the warrant of arrest.
(2.) The only point for our consideration in this ease is whether the warrant was being rightly executed so as to make the arrest lawful and the obstruction thereto an offence. The warrant was addressed to the Court Sub-Inspector, and it was by an order in writing, signed by the Court Head-Constable, endorsed for execution by Churai Nath, and Guana Nath, and these two persons made the arrest which led to the occurrence constituting the offences of which the petitioners have been convicted.
(3.) It was contended both before the Magistrate and before the Sessions Judge in appeal that the execution of the warrant by these persons did not constitute a lawful arrest inasmuch as the officer to whom the warrant was directed did not lawfully endorse it to these persons, and it was further contended that, even if it had been lawfully endorsed, these two persons, not being police-officers, were not competent to make the arrest.;
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