SANJAY SOMANI Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Mathur, J. This matter has come before us on a reference made by a learned single Judge.

(2.) THE Chief Manager, Allahabad Bank lodged an FIR against the petitioners and some others on 25-2- 1994 under Sections 420, 467, 468, 471, 120-B IPC and Section 13 (1) (d) of the Prevention of Corruption Act, at P. S. Phneelkhana, Kanpur Nagar. THE case was investigated by CBI and a charge-sheet was submitted in the Court of Special Judge (Anti-Corruption) Central U. P. , Lucknow. At the stage of framing of the charge, the petitioners moved an application on 28-9-1999 for summoning certain documents, which was rejected by the Special Judge by the order dated 17-4-2001. A second application moved for similar purpose on 19-5-2001 was also rejected on 17-8-2001. THE present petition under Section 482 Cr. P. C. has been filed for quashing of the order dated 17-8-2001 and for issuing a direction to the Special Judge to summon the documents mentioned in the application moved by the petitioners.

(3.) AS mentioned earlier, the offence for which the petitioners are being prosecuted was committed in Kanpur Nagar, which falls within the territorial jurisdiction of the principal seat of the High Court at Allahabad, but they are being tried in the Court of Special Judge (Anti-corruption), Lucknow, and seek quashing of an order passed by the said Court which falls within the territorial jurisdiction of the Lucknow Bench of the Allahabad High Court. The question has, therefore, to be answered in the light of the United Provinces High Courts (Amalgamation) Order, 1948 (hereinafter referred to as the Amalgamation Order ). This Order was issued to amalgamate the High Court in Allahabad and the Chief Courts in Oudh. The history and the constitution of these Courts has been given in detail in U. P. Rashtriaya Chini Mill Adhikari Parishad and others v. State of U. P. and others, 1994 (12) Lucknow Civil Decision 1026, and it will be useful to reproduce paragraphs 8 to 17 of the Reports. "8. Our Temple of Justice was consecrated in 1866 under a Royal Charter issued by the Queen Victoria, the British Sovereign, with the nomenclature High Court of Judicature for the North Western Provinces at Agra under Letters patent of the 17th March, 1866. The day was 18th June, 1866, making the birth of our Court. On that historic day six Judges-the entire complement of the Court-quietly walked in, took their seats and began the day's work as if totally oblivious of the great transition from the Suddar Diwanny Adawalat and Sadar Nazamat Adawalat to a High Court. The Indian High Courts Act, 1861, enacted by the British Parliament, gave to the Crown the authority to establish High Courts at Calcutta, Madras, Bombay and at one other place. In the year 1868, High Court was shifted from Agra to Allahabad and later came to be known as High Court of Judicature at Allahabad. 9. In 1834, the Upper Provinces were separated from the Bengal Presidency to be governed by the newly constituted Agra Presidency with its Headquarters at Allahabad Fort, but in 1836 the Presidency was superseded by a Lt. Governorship of the North-Western Provinces with Headquarters at Agra. In 1858 the Headquarters of the Government were again shifted to Allahabad. 10. Avadh, after its annexation in 1856, had been placed under a Chief Commissioner but in 1877 it also came under the jurisdiction of the Lt. Governor and the whole territory was named as 'north-Western Provinces and Avadh'. This area was named as 'united Provinces of Agra and Avadh' in 1902. In 1921, after the implementation of India Constitutional Reforms, the area came under the jurisdiction of a Governor. A Legislative Council was formed at Lucknow in 1921 after the elections of 1920 and the seat of the Government was shifted from Allahabad to Lucknow in the same year. The shifting of the Secretariat from Allahabad to Lucknow was complete by 1935 making Lucknow the capital of the State. The province was named 'united Provinces' in 1937 and subsequently from 26th January, 1950, its name has been changed to 'uttar PRADESH' (See, A Guide to the Records in the U. P. State Archives, pages 6 & 7 ). 11. In 1834, Allahabad was made the seat of Government of the North-Western Province. 12. In February 1858, Lord Canning announced the formation of the whole of the North-Western Provinces into a Lieutenant Governor's Province retransferring the seat of Government from Agra to Allahabad, however, the retransfer of the High Court followed in the year 1868. (See, The Journal of the Allahabad Historical Society, Allahabad, July, 1962, Annual number, Vol. I, page 56 ). 13. Beginning with the formation of Legislative Council at Lucknow in the year 1921, subsequently most of the important Government Offices, including the secretariat and the legislative wings, were transferred to Lucknow. (See, Gazetteer of India, U. P.) 14. On 7th February, 1858, Oudh comprising 12 Districts namely: Lucknow, Faizabad, Sultanpur, Rae Bareilly, Pratapgarh, Barabanki, Gonda, Bahraich, Sitapur, Kheri, Hardoi, Unnao, was annexed to the British Empire. Annexation of 1856, brought the British system of administration of justice with some flexibility and the highest Court of appeal, the Judicial Commissioner's Court was established at Lucknow under the Government of India Order dated February 4, 1856. 15. By the Oudh Civil Courts Act, 1879, the Judicial Commissioner was constituted the head of the judiciary. In the year 1901, United Provinces of Agra and Oudh was created. The judicial administration in the two regions of the provinces, however, continued to remain separate. Subsequently the Oudh Civil Courts Act, 1879 was repealed by the Oudh Courts Act, 1925 and the Court of Judicial Commissioner was replaced by the Oudh Chief Court with jurisdiction extending over the same area. (See, Chapter I, Clause I (2) of Oudh Courts Act, 1925) 16. The two judicial administrations wielded jurisdiction over the two separate regions of the United Provinces for many years. Though the capital of the United Provinces continued at Lucknow since the year 1921 yet the Chief Court in Oudh used to exercise its jurisdiction only in respect of Oudh area. 17. Ultimately both Chambers of the Legislature of the United Provinces presented addresses to the Governor to amalgamate the High Court of Judicature at Allahabad and the Chief Court in Oudh and the said addresses were submitted to the Governor-General, who in exercise of the powers conferred by Section 229 of the Government of India Act, 1935, and all other powers enabling him in that behalf promulgated the Amalgamation Order, 1948 whereby the High Court in Allahabad and the Chief Court in Oudh have been amalgamated and since then they constitute one High Court by the name of the High Court of Judicature at Allahabad. "