CW-1963-0004Shamli, Uttar PradeshJudgment 16 October 1963

Kairana Man v. Sri [name withheld] and Others

The Allahabad High Court (single Judge, 16-10-1963) allowed the complainant appeal against acquittal and convicted Head Constable and Constables, [name withheld] and [name withheld] of Police Station Kairana under section 342/109 IPC. The court found that on 15-10-1961 the police party arrested homoeopath a Kairana man without warrant and detained him at the thana till the next morning, with proceedings under sections 107/117 CrPC later dropped for want of evidence. The court held only a non-cognizable offence was ever alleged (no section specified in the judgment), so section 151 CrPC could not justify the arrest, and section 79 IPC gave no protection. It set aside the Magistrate acquittal and fined the head constable100 and each constable50, with simple imprisonment in default. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 16 October 1963 in Criminal Appeal No. 1532 of 1962, the Allahabad High Court (Coram: Gyanendra Kumar, J.) recorded the conviction of 4 police personnel, namely: Head Constable, Police Station Kairana; Constable, Police Station Kairana; Constable, Police Station Kairana; Constable, Police Station Kairana.

Register number
UP 19 CW 0001
Case reference
Criminal Appeal No. 1532 of 1962 / AIR 1965 All 161 : (1965) CriLJ 413
Court and date
Allahabad High Court (Coram: Gyanendra Kumar, J.), 16 October 1963
Officer(s) at the material time
Head Constable, Police Station Kairana; Constable, Police Station Kairana; Constable, Police Station Kairana; Constable, Police Station Kairana
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 342 of the Indian Penal Code, 1860; Section 109 of the Indian Penal Code, 1860
Finding of the Court (extract)
“In view of the above discussion, I allow the appeal, set aside the order of acquittal of the respondents recorded by the Magistrate and convict them u/s 342/109 I. P. C.” (at para 17)
Verdict, sentence and quantum
Conviction entered by High Court. Sentence: fine.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Allahabad High Court judgment dated 16 October 1963 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“In view of the above discussion, I allow the appeal, set aside the order of acquittal of the respondents recorded by the Magistrate and convict them u/s 342/109 I. P. C.” (para 17)

Institutional response

1
16 Oct 1963

Order issued

Concluded
Allahabad High Court External · Binding

The Allahabad High Court entered convictions against police personnel in this judgment.

Conviction · Supports allegation.
Source: AIR 1965 All 161 : (1965) CriLJ 413
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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