(Thithi) Suryanarayana vs Thota Simhadri

Pandrang Row, J.—Both the Courts below found, that the warrant while executing which the process-server was resisted, was an illegal warrant inasmuch as the Court which issued it had no power under law to issue it. The petitioner has nevertheless been convicted of an offence punishable u/s 186, I.P.C., on the ground that he was not entitled to the benefit of the right of private defence in view of the limitation placed thereon by Section 99, I.P.C. This consideration is really irrelevant for unless the essential ingredients of an offence punishable u/s 186, I. P.C. one of which is the lawful nature of the duties in the discharge of which resistance is offered are made out the question whether there was a right of private defence or not does not arise. For the present case that essential ingredient is absent and it follows that the offence has not been established. The conviction of the petitioner u/s 186, I.P.C., is therefore set aside and the sentence also thereunder and he is acquitted. The fine if paid should be refunded.