STATE Vs. BICHITRANANDA MOHANTY

JUDGEMENT

(1.) THIS reference and revision were heard analogously and will be dealt with in one judgment.

(2.) THE Orissa Branch of the Delhi Special Police Establishment of the Government of India, submitted charge-sheet for offence under Sections 409/467, I. P. C. and section 52 of the Indian Post Offices Act 1898 (Act VI of 1898), against a Postman named Bichitrananda Mohanty, on 31-3-1955, before the Additional District magistrate of Puri who, after a preliminary enquiry committed him for trial to the court of Session for offences under Sections 465/471, I. P. C. and Section 52 of the Indian Post Offices Act. The substance of the allegation against him was that he abstracted two cement permits addressed to two persons, namely Sri Ramachandra Das and Sri Gadadhar parida in two registered letters, committed misappropriation in respect of them and also fraudulently used as genuine two forged acknowledgement receipts purporting to have been given by the addressees. The Additional Sessions Judge of puri on 13-8-1956 transferred the case to the file of the Assistant Sessions Judge, puri, in pursuance of the instructions contained in the letter of the Sessions Judge of Ganjam, in his letter No. 1465 dated 8-8-1956. The Assistant Sessions Judge acquitted Bichitrananda Mohanty of the offence under Section 52 of the Indian Post Offices Act and also of the offence under section 471/465, I. P. C. , in respect of one of the registered letters, but in respect of the other registered letter he convicted him of both the offences and sentenced him to rigorous imprisonment for one year on each count, the sentences to run concurrently. Bichitrananda Mohanty filed a regular appeal before the Sessions Judge of ganjam-Nayagarh against his conviction and sentence (Criminal Appeal 84 of 1956 ). The State of Orissa filed a revision before the same Sessions Judge (Criminal Revision Petition No. 3 of 1957 (P) challenging the order of acquittal, passed by the Assistant Sessions Judge, in respect of one of the registered letters. The learned Sessions Judge held that the Assistant Sessions Judge had no jurisdiction to try the case in view of Notification No. 727-Reforms dated 11-61956 issued by the Home Department (Reforms) of the Government of Orissa and that the Additional Sessions Judge alone had such jurisdiction. He therefore set aside the conviction and sentence passed on Bichitrananda mohanty and directed retrial by the Additional Sessions Judge, Puri. In the criminal revision against acquittal filed by the State, he made a reference to the High Court for quashing the order of acquittal and directing retrial. Bichitrananda Mohanty filed Criminal Revision No. 24 of 1958 before this Court challenging the order of the Sessions Judge in the criminal appeal filed by him.

(3.) THE main question of law arises out of a construction of two statutory notifications issued by the Government of Orissa and it is therefore desirable to quote them in full. On 23-9-1953 the Government of Orissa (Home Department) issued the following notification (No. 14435a): government of Orissa. Home Department. Notification. The 23rd September 1953. No. 14453-A:-- In exercise of the powers conferred by Section 6 of the criminal Law Amendment Act, 1952, (XLVI of 1952) and in supersession of the notifications of the Government of Orissa in the Home department, No. 103a dated 3-1-1953, No. 1932a dated 11-1-1953 and No. 3860a dated 20-3-1953, and No. 120335a dated 7-8-1953, the governor of Orissa is pleased to appoint the following Sessions Judges of the Sessions divisions noted against each, as Special Judges in their respective jurisdiction, namely:- Additional Sessions Judge, Ganjam-Nayagarh. No. 14436a:-- Dated 23-9-1953. In exercise of the powers conferred by Section 6 of the Criminal Law amendment Act, 1952 (XLVI of 1952) and in partial modification of the notification of the Government of Orissa in the Home Department, No. 14435a, dated 23-9-1953 the Governor of Orissa is pleased to appoint the Assistant Sessions Judge of Puri, to be the Special Judge to try all sessions cases arising throughout the State of Orissa and investigated under the Delhi Special Police Establishment Act, 1946 (XXV of 1946 ). By order of the Governor, a. K. Barren. Secretary to Government. On 11-6-1956 the Government of Orissa (Home Department) issued the following Notification. Government of Orissa, home Department. Cuttack, the 11th June, 1956. No. 727-Reforms:-- In exercise of the powers conferred by Section 6 of the Criminal Law Amendment Act, 1952 (XLVI of 1952), and in partial modification of notification of the Government of Orissa in the Home department, No. 14436-A, dated 23-9-1953, the Government of Orissa do hereby appoint the Additional Sessions Judge, Ganjam Nayagarh at present stationed at Puri, to be the Special Judge to try all Sessions cases arising throughout the State of Orissa and investigated under the delhi Special Police Establishment Act, 1946 (XXV of 1946 ). By order of the Governor, A. K. Barren. Secretary to Government. Memo No. 728 (3) Reforms, dated 11-6-1956. Memo No. 729-Reforms, dated 11-6-1956. Copy forwarded to the District and Sessions Judge, Ganjam-Nayagrah for information and necessary action-2. Government have decided that the Additional District and Sessions judge, Puri will deal with the Special Police Establishment cases at Puri pending in the Court of the Assistant Sessions Judge, Puri, expeditiously and as of topmost priority. The Assistant Sessions Judge, Puri may be directed to transfer such cases to the Court of the Additional Sessions judge, immediately. " sd. D. D. Gupta. Under Secretary to Government. "