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Calcutta High Court
In Re: Bhoobuneshwar Dutt vs Unknown on 14 December, 1877
Equivalent citations: (1878) ILR 3 Cal 621
Author: Markby
Bench: Markby, Mitter


Markby, J.

1. It appears to us that this conviction must be set aside. The charge against the petitioner was, that lie had refused to give a receipt for a summons. This has been held by the High Court of Bombay in Reg v. Kalya bin Fakir 5 Bom. II. C. Rep. Cr. Cases 34 not to be an offence under Section 173 of the Indian Penal Code, which is the section under which this conviction has been made. We concur in that decision.

2. This conviction will, therefore, be sot aside; and the fine, if paid, will be refunded. If the petitioner is in jail, ho will be released.

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