Deo Saran Tewari vs Emperor

JUDGMENT

1. The accused in this case was convicted under Section 174, Indian Penal Code, on a charge of non-attendance in the Court of Mr. W. Gurney in obedience to a lawful summons. The case was tried by Mr. Gurney himself and he convicted the accused and sentenced him to a fine of Rs. 10. This proceeding was illegal, having regard to the provisions of Section 487 of the Code of Criminal Procedure.

2. The case was one of those referred to in Section 195, Criminal Procedure Code, and, therefore, could not be tried by the officer whose order was disobeyed. I accordingly set aside the conviction and sentence and direct that the fine, if paid, be refunded.