IN RE: BUDREE Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed by one Budree, the accused in C.C. 19445 of 1968 on the file of the Second Presidency Magistrate, George Town, Madras, to set aside the order of the said Magistrate overruling the preliminary objection raised by the Petitioner and to quash the proceedings pending before him.

(2.) TO appreciate the contentions raised by the learned Counsel, for the Petitioner, it may be necessary to note the relevant facts resulting in the institution of prosecution against the Petitioner along with three others by the Delhi Special Police Establishment, Madras. The Petitioner, during the material period was a Railway employee holding his post as clerk, Grade I, General Accounts, F.A. and C.A.O. Southern Railway, Madras, otherwise called, the New General Offices, Southern Railway, which was situate in Adams Park, Park Town in the city of Madras. For the benefit of the railway employees of the New General Offices, a Co -operative canteen has been constituted, named, as New General Offices Staff Cooperative Canteen Ltd. and it was registered as a Co -operative Society under the Madras Co -operative Societies Act. Any railway employee working in the New General Offices was eligible for admission as a member and no outsider could claim admission. The management of the Society vested in a Board of Directors, the members of which shall be elected by the General Body from among the members of the Society. The several departments of the Railway administration at the New General Offices would be represented on the Board in the proportion mentioned in the by -laws of the Society. To conduct the day today business of the canteen, a Vice -President, a Secretary and a treasurer would be elected from amongst the Board of directors. The ex -Officio President would be nominated by the General Manager.

(3.) THE learned Counsel for the Petitioner raised a preliminary objection before the learned Magistrate that the Special Police Establishment had no jurisdiction to investigate the offence committed by the Petitioner as the secretary of the Co -operative canteen registered under the Madras Co -operative Societies Act, not being a department of the Central Government, without the prior consent of the State Government and as such, the investigation by the Delhi Special Police establishment, not being State Police, was illegal and that the Court had no jurisdiction to take cognisance of the offence on the report of the Police Officer of the said establishment. The learned Magistrate after having heard the Petitioner and the State, passed an order on 22nd November, 1968, that the Government of Madras gave its consent by letter dated 23rd January, 1967 to the Special Police Establishment to exercise powers and jurisdiction within Madras State with regard to the offences specified in the Notification dated 6th November, 1956 which included S. 409 I.P.C. and overruled the objection by the Petitioner.