Hukum Singh vs Emperor

Daniels, J.—The applicant has been convicted u/s 174 of the Indian Penal Code of disobeying a subpoena requiring him to attend before the Sub-Inspector in a Police inquiry. Section 174 prescribes a punishment for any person being legally bound to attend at a curtain place and time in obedience to a summons, notice, order or proclamation issued by a legally competent public servant, intentionally omits to attend at that place or time. The sub-poena which was issued to the applicant as issued in this case did not require him to attend at a certain place. It called on him to attend either at Sahail thana or wherever the Inspecting Officer might happen to be. This is not a legal subpoena, failure to comply with which can be punished u/s 174. If any authority other than the language of the section itself is needed for this proposition it may be found in the case of Empress of India v. Ram Saran 5 A. 7 : A.W.N. (1882) 145 : 3 Ind. Dec. (N.S.). As the subpoena did not require the accused to attend at a definite place I set aside the orders of the Courts below and acquit the accused. The fine, if paid, will be refunded.