AMARENDRA NATH CHAKRABARTY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This case raises an important point of the Interpretation of Section 59, Criminal P. C. The petitioners have filed this application for quashing a proceeding taken against them under Section 225, Penal Code, on the ground that the arrest itself of one Rewati Mohan Sen or Sen Gupta was illegal and, therefore, these petitioners had committed no offence, under Section 225, Penal Code.

(2.) The case, shortly put, is that, on 15-8-1952, one Sheo Prasad Kewani had seen Rewati Mohan committing rape upon a small child of about four years of age. Sheo Prasad Rewani arrested Rewati Mohan and he, along with others, was taking Rewati Mohan to the Police Station when some Bengalis arrived at the moment and took the accused and girl to the sons of one Anukul Babu. The petitioners are the sons of the said Anukul Babu. The petitioners chastised Rewati Mohan and, thereupon, Rewati Mohan v/ent away, and the matter, for the time being, looked closed. One Sitaram Mahto, however, informed the police on telephone about the occurrence. The Inspector of Police and others arrived and enquired about the matter and Sheo Prasad Rewani, Rameshwar Rewani, Surja Rewani, Madhu-sudan Rewani and Ramtahal Rewani went in search of the accused, as directed by the police. In the course of the search, the accused was found entering the house of a Bengali gentleman and these people followed him there. Rewati Mohan fled from that place and ran to the house of a Deputy Magistrate and there he was caught hold of by those who were following him. In the meantime, the petitioners arrived in a jeep and stopped at the place and, after certain altercation, these petitioners are alleged to have got down from the. jeep and pulled away Rewati by hand and forcibly wanted to take him in the jeep. Just at that time, when alarm was being raised, the police arrived and the petitioners left in the jeep. The following statement occurs in the first information report :

(3.) Mr. Baldeva Sahay, learned Counsel on behalf of the petitioners, has submitted that the arrest in the present case was illegal inasmuch as the provisions of Section 59, Criminal P. C., which alone justified arrest by a private person, had no application to this case. He concedes that the arrest of Rewati Mohan by the first informant Sheo Prasad in the first instance was a legal arrest. After Rewati Mohan was let off, though it may be at the instance of one or both of the petitioners, there was no authority in Sheo Prasad or any of his companions to arrest Rewati Mohan at the behest of the police. The relevant portion of Section 59(1), Criminal P. C., reads as follows :