KHANDU AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THE Petitioners who are being tried on a police report under Section 287, Patiala Penal Code have applied to this Court under Section 561, Code of Criminal Procedure for quashing the proceedings against them. Two things have been urged before me by their counsel: one that the Patiala Penal Code was repealed by Section 6 of Part B States (Laws) Act III of 1951 which came into force on 1 -4 -1951 and consequently the Petitioners could not be held liable for an offence under Section 287 of that Act which they are alleged to have committed on 9 -2 -1953. Second, that the facts alleged by the prosecution do not disclose any offence under any law.

(2.) IN order to be able to appreciate the first objection it is necessary to refer briefly to the history of Penal Legislation in the erstwhile Patiala State. The Patiala Penal Code (Act No. 2 of 1956 Bk.) was promulgated by His Highness the then Maharaja of Patiala State in Poh Sam -vat 1956, i.e. somewhere in the month of December 1899 A.D., Chapter XV of which Section 287 was the part, related to offences concerning religion. The words of Section 287 are:

(3.) IT was conceded by Mr. Karam Singh that all laws dealing with offences cannot be regarded as laws corresponding to the Penal Code, but he urged that the three sections of the Patiala Penal Code constituted a law corresponding to the Indian Penal Code because they dealt with offences relating to religion and Chapter 15 of the Indian Penal Code also made certain offences relating to religion punishable. Now Chapter 15 of the Indian Penal Code was made of five sections namely Sections 295 to 298. They related to the following offences: