R. Khanna and R. N. Sachthey, for the respondent.,
When all of them got down from the boat, appellant Durga Charan forcibly dragged the A.S.I. A number of other persons including the other appellants assembled at the spot.
K. Garg, S. C. Agarwala, M. K. Ramamurthy and D. P. Singh, for the appellants.
Inspector, Sadar Police Station, Puri was deputed along with two companystables including P.W. 3, Constable number 613.
952 10 nP to the process server, Sadhu Charan Mohanty and obtained a receipt from him.
Appeal by special leave from the judgment and order dated March 2, 1964 of the Orissa High Court in Government Appeal No.
In pursuance of this letter, P.W. 1, the Assistant Sub.
W. I lodged the first information report at the police station next morning and after investigation the appellants were charge sheeted and companymitted to the companyrt of Sessions.
P.W. 2, the process server stated that Bipra Charan and Jugal caught hold of his hands and Durga Charan told him that he would number let anybody go unless the money was returned.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by special leave, from the judgment of the Orissa High Court dated March 2, 1964 in Government Appeal No.
Durga Charan also searched hi pockets and Netrananda threatened the A.S.I. by saying that he would number leave the place until the money was returned.
On reaching the spot, they found P.W. 2 sitting in front of the house of Durga Charan Naik One of the judgment debtors.
Bipra and Jugal caught hold of the hands of P.W. 2 and took him to the river bank and demanded return of the money.
They went to the village Sanua where the writ of attachment was to be executed P.W. 6 the Naib Sarpanch and P.W. 8 the Chowkidar of the village Chhaitna also accompanied them.
49 of 1963 by which the High Court set aside the order of acquittal passed by the Assistant Sessions Judge of Puri and companyvicted the appellants under s. 353 of the Indian Penal Code and sentenced them to 4 months rigorous imprisonment.
2, requesting the Superintendent of Police, Puri to direct the Officer in charge, Sadar Police Station, to give immediate police help to the process server.
952 10 nP, and when he was going to seize some of the moveables, the appellants came there with lathis and resisted him.
W. 2 sent a report Ex.
Case No.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Durga Charan, Jugal, Bipra along with three others were further charged under s. 186, Indian Penal Code for having voluntarily obstructed P.Ws I and 2 in the discharge of their public duty.
P.W. 2 reached the village of the judgment debtors on August 10, 1962 at 10 a.m. with the warrant of attachment and asked the judgment debtors to pay the decretal dues of Rs.
After the money was paid, all of them left the village and at about 7 p.m. while they were crossing a river nearby in a boat, P.W. I saw the appellant Durga Charan with 10 or 12 persons companying from the opposite direction.
Cl/66 9 obstructed him by holding his right hand.
The decree holders Panu Sahu and Naha Sahu levied execution of the decree Ex.
Then at the intervention of some outsiders the appellants left the spot.
125/62 in the Court of the Munsif, Puri against the appellants and a writ of attachment of the moveables of the judgment debtor was issued for execution through P.W. 2, Sadhu Charan Mohanty, a peon of the Civil Court, Puri, returnable by August 10, 1962.
49 of 1963.
Accor dingly on the same day the Munsif wrote a letter, Ex.
The State Government took the matter in appeal to the Orissa High Court which set aside the order of acquittal with regard to the 4 appellants and companyvicted them under s. 353, Indian Penal Code.
The A.S.I. then called out Fakir Charan Naik, father of Durga Charan Naik one of the judgment debtors, who opened the door and paid Rs.
67 of 1964.
4 to the Court through Nabaghan requesting the Court to give necessary police help.
Durga Charan threatened to assault the A.S.1 if he did number return the money.
When P.W. I wanted to write a report to his police station, Netrananda MllSup.
On seeing them, P.W. I apprehended some trouble and directed P.W. 2 to hand over the money to the chowkidar, P.W. 8.
