STATE OF U P Vs. NANHEY

JUDGEMENT

(1.) THE Government has come up in appeal against the order passed by Sri J. P. Singhal, Judicial Magistrate, Jaunpur, under Section 345 of the Code of Criminal Procedure, permitting an offence under Section 379 of the Indian Penal Code being compounded.

(2.) AT 11. 30 a. m. on 19th January, 1965, the pocket of Ram Lakhan Singh son of Ram Bahal Singh was alleged to have been picked by the respondent Nanhey and ten ten-rupee notes taken out of the same. Nanhey was alleged to have been apprehended on the spot, but by the time that could be done he had passed on the money to some accomplice. Nanhey was thereupon taken to police station Shahganj where a report was lodged against him at 12. 30 p. m. the same day. While investigation of the case was going on some applications were moved for Nanhey being released on bail but they were rejected. On 19th January, 1965 Chhotey Lal, who claimed to be a brother of Nanhey, filed an application before Sri. J. P. Singhal making certain allegations against the police on which the Station Officer, Shahganj was directed to report within three days. The police submitted its report on 21st January, 1965 in which reference was made to the case pending against Nanhey and the circumstances under which even Chhotey Lal was suspected of being his accomplice. The Station Officer made a request towards the close of the report that the application may be returned to him after his report has been perused for purposes of investigation in the case and the Magistrate passed an order on this application: "seen. Send a copy of the application to the SO as requested. "

(3.) ON 3rd February, 1965, an application was moved before the same Magistrate, Sri I. P. Singhal. by Ram Lakhan Singh who had lodged the first information report asking for permission to compound the offence and the Magistrate passed the following order thereon:-