STATE OF UTTAR PRADESH Vs. JAGAMANDAR DAS

JUDGEMENT

(1.) This is an appeal by the State of Uttar Pradesh against the judgment in Criminal Revision No. 981 of 1950 by the High Court of Judicature at Allahabad quashing the proceedings taken against the respondents under Section 120-B, I.P.C. read with Rules 81(4) and 121 of the Defence of India Rules and ordering their discharge.

(2.) It was alleged by the prosecution that the respondents infringed the provisions of Section 2 of the Non-Ferrous Metal Control Order, 1942, during the years 1943-1945 and thus committed an offence punishable under the above provisions of the law. No prosecution however was commenced against them till the 16th January 1950 in spite of the fact that a complaint against them had been made to the police in August 1948. There is no satisfactory explanation for this long delay in putting the chalan in Court and for the leisurely conduct of the investigation which concerned the provisions of an Act which it was known to all concerned had an uncertain life. It is a matter of regret that offences of a serious character should go unpunished simply because of the dilatory methods of the investigation agency.

(3.) On the 19th April 1950 the respondents made an application before the trial magistrate for quashing the proceedings commenced on the 16th January 1950 on the ground that the trial could not be continued because the Defence of India Act and the Rules framed thereunder had expired and because the Government of India Act, 1935 had also been repealed by the Constitution. The magistrate refused to quash these proceedings. The Judgment giving the reasons for this decision is by no means a specimen of clear thinking. The respondents filed an application in revision against this order in the Court of the Session Judge at Meerut, Mr. Maheshwary Dayal. This is now the learned Session Judge disposed of this matter: