MAIDHAN DAS AGARWALLA Vs. R.B. MEDHI

JUDGEMENT

(1.) THIS is a Rule obtained by the petitioner -Maidhan Das Agarwalla on a petition under Article 227 of the Constitution of India on the allegation that the orders passed by Mr. Ram Bhadra Medhi, Special Judge, Gauhati on 1 -4 -53 and subsequent thereto in Special Case No. 1 of 1952 were without jurisdiction.

(2.) THE facts leading to this petition are as follows: - -On the 3 -3 -1952, the petitioner Maidhan Das Agarwalla filed a complaint in the Court of the Deputy Commissioner and District Magistrate, Goalpara against Sri Charn Barua, Opposite Party No. 2 alleging that the accused Sri Charan Barua While posted as the Circle Inspector of Police at Kokrajar within the District of Goalpara received bribes and attempted extortion of money from the complainant who is a partner of a rice mill at Fakiragram and of a firm trading under the name - -Agarwalla and Co. at Fakiragram within the Goalpara district. The learned District Magistrate on receiving this complaint held a preliminary enquiry under Section 202, Cr. P. C. and on finding a prima facie case made out under Section 161, I. P. C. and Section 5 of the Prevention of Corruption Act (Act 2 of 1947), asked the State Government for necessary sanction to prosecute the accused and on the said sanction being received, the case was transferred by the District Magistrate to the Court of Mr. M. N. Barua first Class Magistrate at Dhubri for disposal. After the case had proceeded some length in the Court of the said Magistrate and some witnesses for the complainant were examined, the petitioner learnt of the passing of the Criminal Law Amendment Act, 1952 (Act 46 of 1952) and moved the learned Magistrate on or about 25 -8 -52 to adjourn the hearing of the case as under Section 7 of the said Act the offence was exclusively triable by a Special Judge appointed for the purpose by the State Government under the provision of the said Act and the learned trying Magistrate adjourned the proceeding accordingly.

(3.) BY Gazette Notification dated 17 -12 -52, Mr. D. N. Hazarika, Subordinate and Assistant Sessions Judge, L.A.D. with Headquarters at Gauhati was transferred as Subordinate and Assistant Sessions Judge of the same District with Headquarters at Dhubri and Mr. Ram Bhadra Medhi, Officiating Additional Subordinate and Assistant Sessions Judge, L.A.D. with Headquarters at Dhubri was transferred and appointed as officiating Additional Subordinate and Assistant Sessions Judge of the same District with Headquarters at Gauhati. By Gazette Notification, dated 22 -12 -1952, the State Government in exercise of its power conferred by Sub -section (1) of Section 6 of Act 46 of 1952 appointed amongst others the Subordinate and Assistant Sessions Judge, L. A. D. at Dhubri and the Ad ditional Subordinate and Assistant Sessions Judge, L.A.D. at Gauhati as Special Judges in addition to their duties within their respective' jurisdictions to try the offences specified in Clauses (a) and (b) of Section 6(1) of the Act. A further Gazette Notification appeared on 19 -1 -4953 whereby the State Government in exercise of its powers conferred by Sub -section (1) of Section 6 of the Criminal Law Amendment Act, 1952, in partial modification of the earlier Gazette Notification, - -appointed the following Subordinate and Assistant Sessions Judges in the State as Special Judges in addition to their duties, within the areas specified against their names to try offences specified in Section 6(1) Clauses (a) and (b) of the said Act. The relevant extracts from the above notifications are as follows: