Queen-Empress vs Dalip And Ors. on 18 February, 1896
12.3. It is without any doubt that all of the three said police officials were
posted as Constables in PS Seemapuri, though they were assigned different duties.
Further, it has nowhere been disputed by Accused Praveen Kumar that all the three
police officials were on duty at the time of the incident. Another parameter which
may be taken into account while considering whether PW2 and PW6 were on duty
or not is whether if they had rushed for the help of a common man would their
discharging of duty still be under question? The answer is certainly in negative.
12.4. To understand the meaning of the term discharging of duties better, a
judgment from the Hon'ble High Court of Allahabad titled as Queen-Empress vs.
Dalip And Ors [(1896) ILR 18 All 246] is vital to be perused wherein it has been
held that: