AIR 1940 PATNA 696

Patna High Court

Hon'ble Judge(s): Harries , C.J. AND Meredith , J

(A) Bihar and Orissa Village Administration Act (3 of 1922) , S.27(1)(ii)— Words 'hue and cry' - Meaning explained. The words 'hue and cry' in S.27(1)(ii) must be held to mean something more than a mere direction of the Sub-Inspector of Police to the village chaukidars to look out for certain man and to arrest him.(Para 697C2) (B) Criminal P.C. (5 of 1898) , S.54— Village chaukidar is not police-officer within meaning of S.54. The village chaukidar has the limited powers of arrest provided under S.27, of Bihar and Orissa Village Administration Act, and has not the full powers of arrest of a police-officer laid down in S.54, Criminal P.C. He cannot be regarded as a police-officer within the meaning of S.54:27 Cal 366;(Para 698C1) (C) Penal Code (45 of 1860) , S.99— S.99 does not apply to cases where act was wholly unjustified. The word 'strictly' has been deliberately inserted by the Legislature to show that S.99 was not intended to apply to cases where the act was wholly unjustified. It does not extend to cases where there is a complete want of jurisdiction.(Para 698C2) ....