A B TONSE Vs. STATE OF MADRAS

JUDGEMENT

(1.) The three charges against the petitioners were (1) that in the mouth of April or May 1946 they cheated Albert Correa, P. W. 10, at Verapurzha in Travancore State, (2) that about the month of March 1946 they cheated P. W. 11, V. Hormis, at Cheranallur in Cochin state and (3) that in about February 1946, again at Cheranallur in Cochin, they cheated P. W. 12, M. C. Simon, and that they committed offences punishable under Section 420 read with Section 37, Penal Code, The petitioners have applied to have these charges quashed.

(2.) On the date of the offences complained of the accused were "native Indian subjects of His Majesty within the meaning of Section 4, Clause (1), Penal Code, as it stood on that date. The offences were alleged to have been committed in Travancore and Cochin which were beyond "British India" within the meaning of Section 4(1), Penal Code. Section 188, Criminal P. C., prescribed the sanction of the political agent or of a local Government before criminal proceedings could be validly initiated for offences committed by such persons outside British India. That sanction was given by the Government of Madras on 25th May 1948. There was thus a valid initiation of criminal proceedings against these petitioners only on 25th May 1948.

(3.) Between the dates on which the offences were alleged to have been committed and the initiation of criminal proceedings against the petitioners the Indian Independence Act was passed. Subsequent to that Travancore and Cochin, which had been beyond British India before the Indian Independence Act, acceded to the Dominion of India.