M P KAVERAPPA Vs. D SAKONAYYA SETTY

JUDGEMENT

(1.) THIS is an appeal by the defendant who, at the relevant point of time, was a Sub -inspector of police in the then State of Coorg. When D.W. 1 the Circle Inspector of police at Merecara acquired information that two persons named Krishnan and Kuttappa had printed and circulated a pamphlet containing matters falling within the purview of section 124A and section 153A of the Penal Code, it appeared according to his evidence to him that steps should be taken for the collection of evidence so that a prosecution may be commenced in respect of those offences. He applied on May 31, 1955 to the First Class Magistrate, Mercara to investigate those offences since those offences being non -cognizable offences, such permission was necessary. It was on May 31, 1955, that the Magistrate accorded permission to investigate the offences which he presumably did under the provision of section 155(2) of the Code of Criminal procedure, and a case was registered as Crime No. 81of states1955, by the defendant who was in charge of the Police station at Mercara.

(2.) ON August 22, 1955, when D.W. 1, the Circle Inspector was transferred, the defendant was entrusted with the further investigation and on the same date, the Deputy Superintendent of Police forwarded a memo to the Police Station at Mercara by which he directed that immediate action should be taken to search certain houses and premises in connection with the investigation referred to above That memo reads:

(3.) DEVASETTY whose name appears in the application is the plaintiff's son.