SANT RAM Vs. DELHI STATE

JUDGEMENT

(1.) The petitioner has filed the present Writ Petition under Articles 226 and 227 of the Constitution of India read with Section 482, Criminal Procedure Code for quashing criminal proceedings pending against him under Sections 506 and 507 of the Indian Penal Code. The petition has proceeded on- the basis that the said criminal proceedings on F.I.R. No. 629/75 registered .with the Police Station Subzi Mandi Delhi, are illegal because offences under Sections 506/507 of the Indian Penal Code are not cognizable. Some allegations have been made in the petition concerning some Judicial Officers, but it is unnecessary to repeat them in the judgment because they are of little relevance to the point urged.

(2.) A notice was issued to the Delhi administration to show cause why the petition should not be admitted and a counter-affidavit has been filed which states the facts. The said reply shows that the petitioner had filed a complaint under Section 219 of the Indian Penal Code against Shri S.C.Jain, presently Additional District and Sessions Judge Delhi, which led to the petitioner being convicted and sentenced for contempt of Court. It is stated in the reply that the proceedings now before the Court of Shri G.P. Mittal Metropolitan Magistrate are the result of F.I.R. No. 629/75 filed under Sections 506/507/189, Indian Penal Code at Police Station Subzi Mandi. These proceedings are the result of a complaint filed by Shri S.C. Jain which led to the arrest of the petitioner on 6th October 1975. It is pointed out that the offence under Section 506, Indian Penal Code is cognizable and, therefore, there is no error in the proceedings.

(3.) Mr. K..K. Sood learned counsel for the Delhi Administration has referred us to the Criminal Law Amendment Act, 1932, which allows the State Government under Section 10 of the Act to declare certain offences as cognizable offences. The same provision also allows the State Government to declare offences under Sections 188 and 506, of the Indian Penal Code as non-bailable. The provisions reads as under :