RAJKUMAR BHAGWATSARAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) PETITIONER Rajakumar Bhagwatsaran has filed this writ petition under Article 226 of the Constitution praying for the issue of a writ of certiorari quashing the notice issued to him by the Deputy Commissioner of Police, Crimes Madras City, dated 3rd August. 1964 under Section 51A of the Madras City Police Act. The notice is in the following terms:

(2.) ALLEGATIONS . - -You were not born in Madras City or Chingleput District or North Arcot District. On 3rd July, 1963 you were arrested in X. Cr. No. 266 of 1963 under Section 55 Criminal Procedure Code and investigation disclosed that 8 months prior to 18th October, 1963 at Petty Munuswamy Chetty Street, you falsely represented to Sri W.R. Kadirvelu Mudaliar, S.H.P.M., Madras that you were an Advocate running a journal called "Who is Who" and that you would publish about the City S.H.P.Ms. and induced the witness to part with his photo and a sum of Re. 1 and thus cheated him.

(3.) SIMILARLY on 27th February, 1963 you cheated one Sri K.V. Ganapathy Iyer at No. 21, 2nd Cross Street, Kodambakkam by falsely representing to him that you were an Advocate holding B.A.B.L., Degree, journalist running a magazine called "Who is Who" and that you were the author of the film review in the Film Magazine. You also wanted to make a publication about the City S.H.P.Ms. and induced the witness to part with his photo and a sum of Rs. 5 and thus cheated him. Hence you were charged and convicted in H -3, Tondiarpet P.S. Cr. No. 1293 of 1963 Section 420 Indian Penal Code to one year R.I. by the II Presidency Magistrate, George Town, Madras in C.C. No. 15606 of 1963, dated 31st March, 1964. Thus you have proved yourself addicted to commission of offence punishable under Chapter XVII of the Indian Penal Code. Your presence and stay in Madras City is a menace to the society."