K BRAHMA SURIAH Vs. LAKSHMINARAYANA

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of the Mysore High Court in which the only point involved is whether a private complaint could be entertained for the commission of an offence under Section 220 of the Mysore Village Panchayats and Local Boards Act, 1959, hereinafter called the "Act". The appellants who were the Vice-Chairman and the Chairman of the Keladi village panchayat were convicted under the aforesaid Section and sentenced to pay a fine of Rs. 50/- and Rs. 40/- and in default to undergo 7 days and 5 days' simple imprisonment respectively.

(2.) A private complaint was filed against the appellants alleging that they gave bids at an auction held at the village panchayat and appellant No. 1 purchased a radio belonging to the panchayat for Rs. 35/-. Appellant No. 2 also bid at the same auction for the radio. According to Section 220 of the Act no member or an employee of a panchayat shall directly or indirectly bid for or acquire interest in any movable or immovable property sold at such sale in connection therewith. If any person contravenes this provision he is to be punished, on conviction, with a fine which may extend to Rs. 500/-. Under rule 16 of the Mysore Panchayat Secretaries' Powers and Duties Rules, 1961 promulgated under the provisions of the Act, only the Secretary of the Panchayat has the power to file a complaint on behalf of the Panchayat. The High Court was of the view that this Rule did not preclude persons other than the Secretary from filing a complaint but it only debarred complaints being made by others on behalf of the Panchayat. Now Rule 16 may be reproduced.

(3.) The High Court seems to have relied on Section 236 of the Act which deals with powers of police officers. This section provides that any police officer may arrest any person committing in his presence any offence against any of the provisions of the Act or of any rule, regulation or bye-law made thereunder. The person arrested has to be produced before the nearest magistrate within a period of 24 hours of arrest. The police officer effecting the arrest must give immediate information to the Chairman or the Secretary of the Panchayat of the commission of such offence and give all assistance in the exercise of his lawful authority. The High Court was of the view that under the provision of this section the police officer could submit a charge-sheet under Section 173 of the Criminal Procedure Code after necessary investigation for offences committed under the Act. Chapter II of the Act relates to establishment and constitution of Panchayats. There are certain sections in it which by express words make offences committed under them cognizable but in the same Chapter there are other sections which do not contain any such provision; for instance, Sections 15, 17, 21 and 22 expressly provide that the offences committed under them would be cognizable but Sections 16, 18, 19 and 20 do not contain any such provision. In other words the offences committed under them must be deemed to be not cognizable. Section 23 in the same Chapter says that no Court shall take cognizance of an offence punishable under Section 16 or Section 17 or under Section 19 (2) (a) unless there is a complaint made by an order of or under authority from the Deputy Commissioner. The High Court was, therefore, not right in saying that all offences committed under the various provisions contained in the Act would be cognizable owing to the general powers conferred on police officers by Section 236. Indeed that section gives only a limited power to the police officer to effect arrest if an offence is committed in his presence. There is authority for the view that this will make an offence cognizable within the meaning of Section 4 (f) of the Criminal Procedure Code; vide Public Prospector vs. A. V. Ramiah, AIR 1958 Andh Pra 392. In the absence of any express provision in Section 220 with which we are concerned we doubt whether, that the offence committed under it would be cognizable and a police officer could carry on investigation in respect of it under Chapter XIV of the Criminal Procedure Code and finally submit a charge-sheet under Section 173 of that .