GIAN CHAND MADHOK Vs. STATE

JUDGEMENT

(1.) These are five connected petitions under Article 228 of the Constitution, read with Section 561A, Cr. P. C., and the prayer made therein is that proceedings pending against the petitioner, under Section 409, I. P. C., in the Court of Mr. Chandel, Magistrate first class, Nahan, be quashed. The petitions arise under the following circumstances: The petitioner, Sri Gian Chand Madhok, was formerly employed by the State Government as a District Forest Officer. He is being prosecuted under Section 409, I. P. C., in five different cases. The petitioner's contention is that he could be prosecuted, if at all, only under the provisions of the Prevention of Corruption Act (Act 2 of 1947) and not under Section 409, I. P. C., as the latter section has, according to him, been repealed by the former Act. This point was agitated before the trial Magistrate, who, however, overruled his contention. Hence these petitions.

(2.) I have heard learned counsel for the parties.

(3.) The following dates have an important bearing in this case. The State of Himachal Pradesh was formed on 15-4-1948. The Himachal Pradesh (Application of Laws) Order was promulgated on 25-12-1948. The Prevention of Corruption Act came into force in the rest of India on 11-3-1947. Its provisions were extended to Himachal Pradesh on 29-6-1949. According to the prosecution, the offences under Section 409, I. P. C., were committed by the petitioner, in the five different cases on the dates shown against them below: