B S J BEDI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application pur-porting, to have been filed Under Section 483 of the Cr. P. C. , by one Dr. B. S. J. Bedi, the former Chief Justice of the Sind High Court who has argued the case in person.

(2.) THE facts giving rise to this application as stated by him in person are briefly these : He was serving as a Chief Justice of the Sind High Court. On 31st Aug. 1958 be was relieved of his services and then he came to India along with his aged mother. The Government of India gave him three houses and a plot admeasuring 400 sq. yds. at Ulhasnagar. This property was worth about Rs. 2 lacs. Immediately thereafter he went to Amritsar and started working as a religious teacher in the Golden Temple. His duty was to explain the philosophy of Guru Nanak to the foreigners. He claims to have donated his entire property worth Rs. 2 lacs to the Golden Temple. His grievance is that respondents 4, 5 and 6 who according to him are Gundas with several previous convictions to their discredit, wanted to grab his properties at Ulhasnagar. On 27th Feb. 1977 according to him at abuot 9 p. m. respondent, whose name he did not know when he filed this petition and whose name he has since discovered to be one Ganesh, threw a burning cigarette end on a nylon cloth which was kept in the Gurugranth and thereby the cloth caught fire but he did nothing about it as he had no knowledge as to who the miscreant was.

(3.) IT is further his case before me that on the night of 27th and 28th Feb. 1977, he got up at 3 a. m. as it is his practice to wake up at that time. His attention was attracted by the smell of burning cloth. He saw a big cloth burning below his cot and then after opening the window he saw three persons running away with tins in their hands. Those persons according to him were respondent Nos. 4 to 6. That is why, says the applicant, he went to a neighbour who owned a phone and contacted the police. As nobody came he personally went to the Shahad police station at 7 a. m. and lodged a complaint with the Circle police Inspector. But as no member of the police turned up till 11a. m. he wrote out a complaint and went and contacted the Judicial Magistrate, First Class, Ulhasnagar, respondent No. 2. His main grievance is that though he made a request to the Judicial Magistrate, First Class, by telling him that he was Chief Justice of Sind High Court and that he should be immediately examined on oath Under Section 200 of the Cr. P. C. , the learned Magistrate, according to him, told him that it was not necessary to examine him as he being a retired Chief Justice, would be a public servant and that on the other hand the learned Magistrate expressed his desire to send the complaint to the police for enquiry and report Under Section 202 of the Cr. P. C.