JAGJIWANRAO DAYABHAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application to quash the proceedings under Section 401 of the Indian Penal Code, pending against the applicants and others in the Special Court presided over by Shri G. R. Kale, Special Judge, Akola. His order, dated the 27th February 1951, is questioned in this revision.

(2.) THE material facts are these. The applicants Jagjiwanram, Pyarelal, Duniasingh alias, Mahabir Singh and 37 others are prosecuted on the allegation that they belong to a gang of persons associated for the purpose of habitually committing thefts and house-breaking and they had been operating in the District of Akola. On the 151to January 1951, Tulshiram, Champa, Shaligram and Atmaram, accused Nos. 38 to 41, were tendered pardons by Shri W. M. Deshmukh, judge and Magistrate, Washim, under Section 337 (1-A) of the Code of Criminal Procedure, hereafter, referred to as the Code. A charge-sheet was filed against them on the 17th January 1951, in his Court. The State Government, by notification No. 180-121-XVH-R dated the 19th January 1951, in exercise of the powers conferred by Section 12 of the Madhya Pradesh Public Security Measures Act, 1950, hereafter referred to as the Act, constituted a Special Court of criminal jurisdiction for the Akola District. By another notification No. 181-121xvii-B, issued on the 19th January 1951, the State Government in exercise of its powers under Section 13 of the Act, appointed Shri G. R. Kale, Additional District and Sessions Judge, Akola, as a Special Judge to preside over the Special Court.

(3.) ON the 22nd January 1951, the State Government issued the following notification directing the trial of a gang case by Shri Kale: In pursuance of Section 14 of the Madhya Pradesh Public Security Measures Act, 1950, (XXIII (33) of 1950) the State Government are pleased to direct that Shri G. R. Kale, Additional District and Sessions Judge, Akola, who has been appointed as a Special Judge by this department Notification No. 181-121-XVII-B dated the 19th January 1951, shall try the 'gang case' under Section 401 of the Indian Penal Code. It will be noticed that there was no specific reference to the applicants and their co-accused in the notification. The lacuna was removed later. On the 1st February 1951, the case against the applicants was transferred be the Special Judge by Shri W. M. Deshmukh. Shri Kale on the same date noted in the order-sheet that an inquiry should be made from the District Magistrate if there was any other gang case. Shri Kale on being informed that another gang case under Section 401 of the Indian Penal Code, was pending in the Court of the Judge-Magistrate, Washim, noted in the order-sheet dated 12th February 1951. The notification by which I am appointed Special Judge to try this case will have to be amended by inserting the names of the accused etc. , go that no doubt may be left that I have to try this very case. A fresh notification was accordingly issued on the 14th February 1951, in the following terms: In pursuance of Section 14 of the Madhya Pradesh Public Security Measures Act, 1950 (XXIII (23) of 1950), the State Government are pleased to direct you to try the Criminal Case State v. Jagjiwanrao 'alias' Jaggu, son of Dayabhai Patel of Amraoti and 30 others under Section 401, Indian Penal Code, arising out of the Police Station Murtajapur Crime No. 345 dated the 8th Septemper 1950.