RIZUAN UL HASAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by special leave from the judgment and order dated 16-4-1951 of the Allahabad High Court in Cr. Misc. Petn. No. 17 of 1950. The two appellants are members of the Uttar Pradesh Civil Service. In March 1950 appellant 1 (Rizwan-Ul-Hassan) was posted as District Magistrate, Jalaun and appellant 2, Mohammad Munawar was posted as a Magistrate in the same district, having officiated as District Magistrate for some time in the early part of March 1950.

(2.) On 2-3-1950 one Phundi Singh commenced proceedings under S. 145, Criminal P. C., in the Court of the sub-Divisional Magistrate of Jalaun on the allegation that Kedarnath and Matadin were about to cut his standing crop by force and that there was an imminent danger of a breach of the peace. The Magistrate issued notices to the parties complained against and ordered attachment of the standing crop.

(3.) On 4-3-1950 one Shriram, brother of Kedarnath, filed a counter application before the Court making certain allegations against one Thakur Pratap Singh said to be the real person behind the proceeding commenced by Phundi Singh. Kedarnath and Matadin, the respondents in Phundi Singh's application, also filed an application similar to that of Shriram before the District Magistrate on the same date. This application was accompanied by a recommendatory letter written to the District Magistrate by Lalla Ram Dwivedi, Secretary, District Congress Committee. It was received by appellant 2 who was then officiating as District Magistrate and was sent by him to the Sub-Divisional Magistrate, Jalaun in whose Court Phundi Singh's application was pending, for report. The Sub-Divisional Magistrate returned it, with the remark that a proper complaint should be made in his Court in the ordinary way on the allegations trade in the application. Thereupon appellant 2 returned the application to Kedarnath and Matadin and advised them to move the Sub-Divisional Magistrate in a formal and proper manner.