SHIV KUMAR Vs. STATE

JUDGEMENT

(1.) This is a reference by the Additional Sessions Judge of Aligarh recommending that the order of the Magistrate dated 31st October, 1960 directing that the criminal case pending against Shiva Kumar and four others shall proceed, be Quashed.

(2.) On 17-12-1957 Sri Shiva Kumar was elected president of the Municipal Board, Atrauli (district Aligarh). His rival candidate Sri Madan Mohan filed an election petition on 13-1-1958, challenging the election of Sri Shiva Kumar. The District Judge of Aligarh was appointed as Election Tribunal to dispose of the said petition. He decided the petition on 31-5-1958 and held that the election of Sri Shiva Kumar was invalid. He accordingly set aside the election. In its judgment the Election Tribunal observed that certain forgeries and other glaring irregularities were committed by Sri Shiva Kumar and others which should be thoroughly enquired into through the Criminal Investigation Department. In view of these observations, the State Government got the matter investigated through the C. I. D. As a result of investigation, a charge sheet was submitted by the police against Sri Shiva Kumar and four others in the Court of a Magistrate, for offences covered by Clause (b) and (c) of Sub-section (1) of Section 195 of the Cr. P. C. Thereupon an objection was taken by Sri Shiva Kumar and others that the Magistrate should not have taken cognizance of the offences mentioned in the charge-sheet except on the com-plaint in writing of the Election Tribunal, because the offences are alleged to have been committed in and in relation to proceedings before the Tribunal. The contention of Sri Shiva Kumar and others was that the Election Tribunal was a Court within the meaning of Section 195, Cr. P. C. The prosecution, on the other hand, contended that the Election Tribunal was not a Court.

(3.) The learned Magistrate held that the District Judge of Aligarh, who was appointed by the State Government as the Tribunal to hear the election petitions, was only a persona designata or at least a quasi-judicial authority and was not a Court. He accordingly rejected the objection of Sri Shiva Kumar and others and ordered the case to proceed.