High CourtsDivision Bench

The Empress vs Shasti Churn Napit

Calcutta High Court · Decided on 28 February 1882 · Citation: (1882) ILR (Cal) 331

HON’BLE JUDGES
Mitter, J · Maclean, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1898 (CrPC) — Section 94 · Penal Code, 1860 (IPC) — Section 224, 225A
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Judgment

2 paragraphs · 76 words

Mitter, J.—The conviction seems to be illegal. Assuming that Shasti Napit was legally arrested u/s 94 of the Criminal Procedure Code, he was not lawfully detained in custody for any offence, and could not therefore be punished u/s 224 of the Penal Code; nor could he have been punished u/s 225A, as he had not failed to furnish security for good behaviour.

2.

The conviction must be set aside and She warrant for his imprisonment cancelled.