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1976 Supreme(MP) 106

SHIV DAYAL, G.P.SINGH, C.P.SEN
STATE OF MADHYA PRADESH – Appellant
Versus
RAMCHARAN – Respondent


Advocates Appeared:
B.P.ATHYA, M.V.TAMSKAR

SINGH, J.

( 1 ) RAMCHARAN, the respondent in this appeal, was prosecuted under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950, on a complaint made by the Station Officer Rehli, District Sagar. The Magistrate First Class, Rehli, by his order dated April 19, 1974 convicted the respondent and sentenced him to pay a fine of Rs. 600/- or, in default, to undergo simple imprisonment for four months. On an appeal preferred by the respondent, the First Additional Sessions Judge, Sagar, by his order passed on March, 8, 1975 acquitted the respondent mainly on the ground that the Station Officer Rehli was not empowered under Section 7 (1) of the Act to make the complaint. The State preferred the present appeal against the order of acquittal passed by the additional Sessions Judge. At the time of admission of the appeal before a division Bench, the learned Government Advocate produced a copy of notification No. G. S. R. 1512 of December 24, 1960 under which the Station officer, Rehli, and many other Officers of similar rank were specially empowered by the Central Government under Section 7 (1) to make complaints in respect of offences punishable under the Act. The Division Ben





















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