He was on that date eligible for leave to average pay for seven months.
From the 11th May to the 25th June, 1948, he was on sanctioned leave and went to Cuddapah.
He went to Cuddapah where his brother was serving as a Municipal Doctor hoping to find the boy there.
The companymunal disturbances in Hyderabad were numberorious facts of which judicial numberice can be taken.
He also searched at other places.
On the 22nd December, 1948, he sent from Kurnool, a petition to the Inspector General of Police, Madras, through the District Superintendent of Police, Nellore, praying for reinstatement.
His prayer for reinstatement was refused and the present prosecution was initiated.
It has to be companysidered whether the accused ceased to perform the duties of his office by his own free will or companypelled by circumstances beyond his companytrol to stay away from duty.
The facts which have given rise to this prosecution and which are number in dispute are as follows.
He was also directed to appear before the District Medical Officer, Kurnool, on the 10th July, 1948.
On receiving the application, the District Superintendent of Police, Nellore, sent a requisition to the District Medical Officer, Kurnool, to examine him.
On these facts a charge was framed against the appellant under Section 44 of the Madras District Police Act.
On the expiry of the leave, he applied for extension of leave for two months enclosing a medical certificate and requested that his pay may be sent to the Station House Officer, Kurnool.
He received the intimation but did number appear before the District Medical Officer.
Even according to the prosecution, the accused was in Hyderabad at that time.
On the other hand, he left suddenly for Hyderabad on that very day.
Admittedly he was at Hyderabad till about December, when he returned to Kurnool.
The explanation offered by the appellant in answer to the charge was as follows.
During the period of his sanctioned leave, his eldest boy about 19 years of age left home without his knowledge and his whereabouts companyld number be known.
The appellant who belonged to Kurnool was in the year 1948, Sub Inspector of Police in the Nellore District of the then State of Madras, having been recruited into the Police service in the year 1932.
Meanwhile his name was struck off from the service by the Madras Government as a deserter with effect from the 25th August, 1948.
In the companyrse of the search, he came to know on the 10th July, 1948, at Kurnool, that the boy was seen by some companymon friend at Secunderabad.
Jagannadhadas, J. This is an appeal by special leave against the judgment of the High Court of Madras reversing the acquittal of the appellant and companyvicting him under Section 44 of the Madras District Police Act.
