CAPT SAIYAD AHMAD AGHA Vs. STATE

JUDGEMENT

(1.) THIS revision arises under the following circumstances. The petitioner Captain Saiyad Ahmad Agha, at present under suspension, is the Aerodrome Officer, Santa Cruz, Bombay. In 1949, he was Aerodrome Officer at the Indore Aerodrome. It is alleged that during the period 1-1-1949 to 31-5-1949, the petitioner and his subordinate Shri Sinhawal (Station Officer, Indore Aerodrome) engaged in a criminal conspiracy to commit criminal breach of trust by dishonestly obtaining salaries in the names of N. V. Parmeshwaram and S. K. Biswas showing them as Radio Telephone Operators at the Indore Aerodrome. Thus they are alleged to have misappropriated the amount of their salaries during the period 1-1-1949 to 31-5-1949. It is also alleged that false acquittance rolls were prepared and false signatures of the two persons were appended. On 7-5-1951, an anonymous application was made to the Central Intelligence Officer, Civil Aviation Department. Eventually, the Delhi Special Police Establishment, Jiibalpur, made enquiry into the matter and registered offences under Sections 409, 420 read with Section 120-B, I. P. C. against the accused petitioner and Shri Sinhwal on 11th May, 1952. The Delhi Special Police Establishment then challaned the accused petitioner on 18-2-1955. The President had accorded sanction under Section 197, Cr. P. C. on 11th November, 1954. The sanction is in the following form: Whereas it has been made to appear to the President of India that during the period between 1-1-1949 and 31-5-1949, Shri S. A. Agha while employed as Aerodrome Officer, Indore, was a party to criminal conspiracy with Shri D. P. Sinhwal to commit criminal breach of trust in the matter of dishonestly obtaining pay in the name M/s N. V. Panneshwaram and S. K. Biswas shown working as Radio Telephone Operators and misappropriate the same and thereby committed such acts as constitute offences punishable under Section 120-B read with Section 409, I. P. C. and Section 420, I. P. C. The President is satisfied that Shri S. A. Agha has committed the above alleged offences and is of opinion that he should be tried In a Court of law; And Therefore, sanction under Section 197, Criminal Procedure Code (as amended by the Adaptation of Law Order, 1950) is hereby accorded for institution of criminal proceedings against Shri S. A, Agha, and it is further ordered that he be tried in a Court of law of competent jurisdiction. By Order of the President. The learned Magistrate has now framed a charge against the petitioner for offences under Section 120-B of the Indore Penal Code, Section 420, Indore Penal Code and Section 409, Indore Penal Code. He mentions it in the beginning of the charge that he is trying this case as the Additional District Magistrate (First Class), City Indore, and also as a Special Magistrate. The petitioner had raised objections to the competence of the learned Special Magistrate, and also he contended that the President's sanction was invalid. Both these contentions have been rejected by the Court below, and the petitioner files this petition under Section 561-A, I. P. C. for quashment of proceedings and alternatively for revision under Section 435, Cr. P. C. of the orders of the learned Special Magistrate.

(2.) MR. Bhargav, learned Counsel for the petitioner, raised both the contentions which he had raised in the Court below. Now, it appears that the two jurisdictions which the Court below exercised are distinct and separate as the sources of the two jurisdictions are distinct. As First Class Magistrate and as Additional District Magistrate, he derives his powers from the Code of Criminal Procedure, while as Special Magistrate he derives his powers from a notification which appeared in the Madhya Bharat Government Gazette dated 31st October, 1954. In brief, it states that the Raj-Pramukh has appointed the Additional District Magistrate, Indore, who is a First Class Magistrate, as a Special Magistrate for the districts of Indore, Dewas, Ujjain, Ratlam, Mandsaur, Jhabua, Dhar and Nimar to try all cases which have been investigated by the Delhi Special Police Establishment except those cases which are mentioned in Section 6 of the Criminal Law Amendment Act of 1952.

(3.) THE investigation of offences by the Delhi Special Police Establishment is regulated by the Delhi Special Police Establishment Act (No. 25 of 1946) and lays down in Section 3 that the Central Government may, by notification in the Official Gazette, specify the offences or classes of offences committed in connection with matters concerning Departments of the Central Government which are to be investigated by the Delhi Special Police Establishment. The Central Government issued the said notification on 3rd June, 1948 and it is published in the Gazette of India dated 12th June, 1948, at page 704. The Central Government specified the following classes of offences, committed in connection with matters concerning Departments of the Central Government for the purposes of the aforesaid Section 3: