173. Preventing service of summons or other proceeding, or preventing publication thereof. Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legal1y competent as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order, or intentionally removes any such summons, notice or order, from any place to which it is lawfully affixed, or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 5[one thousand and] five hundred rupees, or with both ; or, if the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 5[three] thousand rupees, or with both. 174. Non-attendance in obedience to an order from public servant. Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time, or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to 5[one thousand five hundred rupees], or with both; or, if the summons, notice, order or proclamation is to attend in person or by agent in a Court of Justice, with simple imprisonment for a term which may extend to six months, or with fine which may extend to 5[three] thousand rupees, or with both 1[;] 2[or, if the proclamation be under section 87 of the Code of Criminal Procedure, 1898, with imprisonment which may extend to three years, or with fine, or with both.] Illustrations (a) A, being legally bound to appear before the 3[High Court of 4[Sind]] in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. 1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2, and Sch., for full stop. para added ibid. 3Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for ―Supreme Court at Calcutta‖. 4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch., for ―East Pakistan‖ which was previously subs. by A. O., 1961, Art. 2, for ―East Bengal‖ (w.e.f. 23rd March, 1956). 5 Subs. by Ord. 86 of 02, s. 2 & Sch. I. 2New Page 69 of 178

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