PHANINDRA CHANDRA NEOGY Vs. KING

JUDGEMENT

(1.) THIS appeal is brought by special leave from a judgment of the High Court of Judicature at Fort William in Bengal dismissing the appeal of the appellant, Phanindra Chandra Neogy, from the conviction and sentence passed on him by the Chief Magistrate, Calcutta, on April 10, 1946.

(2.) THE conviction was for an offence under Section 161 of the Indian Penal Code and the sentence was one of twelve months' rigorous imprisonment. It is convenient to set out the charge which was in these terms: That you Phanindra Chandra Neogy, on or about the 19th day of September, 1945, in the Town of Calcutta being a public servant to wit, a Railway servant and an inspector in the office of the Regional Controller of Priorities accepted from one Sohanlal a gratification other than your legal remuneration to wit, the sum of Rs. 500 only as a motive or reward for showing favour to the said Sohanlal in the exercise of your official functions relating to an application by the said Sohanlal for being allowed two waggons, one from Allahabad and another from Benares and thereby you the said Phanindra Chandra Neogy committed an offence punishable under Section 161 of the Indian Penal Code and within my cognizance.

(3.) APPLYING this reasoning to the case of Gill, a public servant, who had been charged together with one, Lahiri, with being a party to a criminal conspiracy to cheat the Government, whereby offences under Section 120b read with Section 420 of the Indian Penal Code were alleged to have been committed, and had also been charged with offences under Section 161 of the Code, their Lordships held that no sanction under Section 197 of the Criminal Procedure Code was necessary.