JUDGMENT : 1. The accused Gajadhar was convicted under section 186 of the Penal Code, 1860, and sentenced to 15 day's rigorous imprisonment. 2. The learned Sessions Judge has referred this case with the remark that the conviction should have been, not under section 186, but under section 224B of the Penal Code, 1860. It is manifest that section 221 does not apply because this was not a case in which the apprehension of the accused was ordered for any offence with which he was charged. A warrant was issued by the Civil Court for the arrest of the accused, and it is said that he obstructed the officer who was executing the warrant and did not allow himself to be arrested. That would bring the case under section 225B of the Penal Code, 1860. We are, however, of opinion, upon the finding of the Magistrate, that the accused should not have been convicted. All that the Magistrate says in this:— “The chaprasi swears that the accused did not allow him to arrest and ran into his house, and thus obstructed him in discharging duties as a public servant.” This case was tried summarily, and there is no memorandum of the statements made by the witnesses. It is, therefore, difficult to ascertain what the accused actually did, but the extract from the judgment, which we have given above, shows only this that the accused did not allow himself to be arrested but ran into his house, that is to say, that by running into his house he avoided arrest. This does not establish that he resisted or obstructed the officer of the Court and did any other act which would amount to intentional resistance or illegal obstruction within the meaning of section 225B. If he merely ran away into the house that could not be regarded as resistance or obstruction. There must be some overt act of resistance or obstruction which would justify a conviction under section 186 or section 225B. As it does not appear in this case that any obstruction or resistance was offered, we think that the conviction of the accused was not justified. We accordingly, in the exercise of our powers of revision, set aside the conviction and sentence and acquit Gajadhar of the offence of which he was convicted. He need not surrender to his bail.