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1976 Supreme(Raj) 98

Rajasthan High Court
K.D. Sharma, J.
Guman Singh - Appellant
Versus
State of Rajasthan - Respondents
S.B. Criminal Revision Petition No. 3 of 1976
Decided On : September 06, 1976

Advocates Appeared:
P.S. Singh, for Petitioner; R.S. Parihar, for Non-Petitioner

Headnote:(a) Criminal P.C., S. 397(2) —Framing charge though an interlocutory order yet where there is lack of jurisdiction and question of limitation involved Court will entertain revision— Trial Court directed to determine issues afresh.(b) Criminal P.C., Sec. 197—Question whether acts complained of were in discharge of official duties or otherwise to be decided judicially.

       A decision as to whether sanction for prosecution under S. 19, Cr.P.C. new) is necessary in a particular case must be a judicial decision and must be arrived at after taking into consideration all the materials properly and lawfully placed before the Court. The Special Judge ought to have determined whether the acts complained of and mentioned in the charge-sheet were intimately or inseparably connected with the duties attached to the office of the petitioner, because, without such determination, no correct decision regarding requirement of the sanction for prosecution under S. 197(new) Cr.P.C. was possible.

       It cannot be held, as a general rule, that sanction of the Government is not required before a person is prosecuted for an offence under section 165, I.P.C. It is a question of fact in each case whether the alleged offence under S. 165, I.P.C. has been committed by a public servant while acting or purporting to act in the discharge of his official duties. (Para 6)

SHARMA, J —This is an application in revision filed by Guman Singh against an order of the Special Judge for C.B.I. Cases, Rajasthan, Jaipur, dated 31st October, 1975, by which objections raised by the petitioner to the taking of cognizance of an offence punishable under section 165, I.P.C against him were overruled and it was ordered hat a charge for the aforesaid offence may be framed against him on the basis of the three allegations mentioned in the charge-sheet by the C.B.I.

2. The relevant facts giving rise to this revision petition may be briefly stated as follows:—

3. The petitioner was posted as Superintendent of Police, Sirohi, during the period between July 1965 and August, 1969. Thereafter he was appointed on the post of the Deputy Inspector General of Police at Kota, where he worked on the said post during the period between 31-1-1970 and 14.4.1972. It is alleged that being a public servant he obtained a plot of land situated at Mount Abu in the year 1965 for Rs. 99/-, from the Ex Maharaja of Sirohi in the name of his son Dhanpat Singh while knowing it well that the market value of the plot was between Rs. 15,000/-. and Rs. 20,000/-. It was further alleged that in the year 1966 he purchased 129-1/2 Bighas of land at Gulab Ganj from Shri Ram Singh, brother of Ex-Maharaja of Sirohi for Rs. 8,000/-, on 28-9-1966 in the name of his grand daughter Kumari Chandra Kanta. While purchasing this land he knew it well that the market value thereof was about Rs. 20,000/-, on the date of the Sale. On 31.3.71 he again purchased 9 Bighas of land in the name of his son Dhanpat Singh for a consideration, i.e. Rs. 9,000/-, which he knew to be inadequate, from the Ex-Maharaja of Kota. The market price of this land was more than Rs. 2 000/-, per Bigha. An inquiry into these transfers was made which revealed that the Ex-Maharaja of Sirohi and his brother Ram Singh and the Ex-Maharaja of Kota, from whom the lands were purchased by the petitioner for consideration which he knew to be inadequate, were concerned in proceedings or business transacted or about to be transacted by the petitioner in the capacity of a public servant and were having connections with the official functions of the petitioner or were interested in or related to the persons concerned in the proceedings or business transacted or about to be transacted by the petitioner in the following manner: —

(1) On 20-3-66 one Sohan Singh cut leaves from a Date tree which was personal property of the Ex-ruler of Sirohi. A case was got registered against Sohan Singh at Police Station, Mount Abu under sections 379, 447, 511, I.P.C. by the employees of Maharaja. The Circle Officer of Mount Abu was of the view that the case should be dropped against Sohan Singh if better evidence was not available. On 30 9-1966 Guman Singh petitioner sent a memo to the Circle Officer, Mount Abu that the case was made out against Sohan Singh and that further action should be taken in the matter after consultation with the Private Secretary to the Ex-Maharaja of Sirohi. In pursuance of the directions of the petitioner, a charge-sheet was filed against Sohan Singh in court on 8.12.1966;

(2) One Bheru Singh son of Sadhu Singh of Mount Abu purchased a plot of land from Amritji, vide registered sale-deed. He constructed a house on it in the year 1966 and leased it out to Shri Kalu Ram Purbia. Kalu Ram, however, committed default in the payment of rent to Bheru Singh and put forward a claim that the land belonged to Maharaja of Sirohi. Bheru Singh thereupon approached the police at Mount Abu. The Station House Officer advised him to go to Guman Singh, petitioner, as the latter was a friend of Ex-His Highness of Sirohi. Thereupon, Guman Singh advised him to obtain a patta from the Maharaja of Sirohi. Then Bheru Singh paid a sum of Rs. 2,000/-, to the son of Maharaja of Sirohi and obtained a patta for that land;

(3) In the year 1968 Maharaj Kumar Raghubir Singh of Sirohi illegally evicted several tenants from his l

































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