JADUNATH SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two revisions-Criminal Revision No. 234 of 1976 (Jadunath Singh v. State) and Criminal Revision No. 286 of 1976 (Gur Prakash v. State) which I propose to dispose of together as they have arisen out of one and the same order dated 10-1-76.

(2.) IT appears that initially a case under Sections 218 and 466 IPC was registered against applicants Jadunath Singh and Gur Prakash. The case against them was investigated by S. I. Ram Babu Sharma. During the course of the investigation, SI Ram Babu Sharma felt that offences under Section 161 IPC and 5 (2) of the Prevention of Corruption Act were also made out against applicant Jadunath Singh. Under Section 5-A of the Prevention of Corruption Act an officer below the rank of a Deputy Superintendent of Police could not have investigated such an offence without the order of a competent Magistrate and, therefore, Superintendent of Police Fatehgarh made an application in the Court of A.D.M. (J) Fatehgarh on 25-6-70 requesting him to authorize S. I. Ram Babu Sharma to investigate it also, because no Deputy Superintendent of Police was available for the investigation of the offence under Sec. 161 IPG and 5 (2) of the Prevention of Corruption Act. The learned Magistrate premitted S. I. Ram Babu Sharma to do the investigation as desired. Accordingly, S. I. Ram Babu Sharma did the investigation and submitted a charge sheet against applican s Jadunath Singh and Gur Prakash and one person more, namely, Nand Kishore. After the charge- sheet had been filed, Jadunath Singh and Nand Kishore filed an objection (58-Kha) challening the validity of the charge-sheet filed in Court. Likewise applicant Gur Prakash also filed an objection (59-B) to the same effect. The learned Judge dismissed their objections and hence the present revisions.

(3.) IN the result, I find no force in Criminal Revision No. 234 of 1976 and dismiss it accordingly. Stay order dated 27-2-1976 is vacated.