RAM BABU SAKSENA Vs. STATE

JUDGEMENT

(1.) The Sessions Judge, Jaipur, has made this reference under Section 438 Cr.P.C. recommending that the order of the Special Magistrate, dated 18-8-50, by which he held that the accused can be tried for an offence under Section 161, I.P.C., even though he was not extradited for that offence, be set aside,

(2.) The accused Dr. Ram Babu Saksena belonged to U.P. and was a member of the U.P. Civil Service. He was appointed the Administrator of the then Tonk State on the 21st January 1948, but upon recognition by the Ministry of States, Government of India, of Nawab Ismail Ali Khan, hereinafter referred to as the Nawab, as the Ruler of the Tonk State, he was appointed the Prime Minister and Vice-President of the Tonk State Council on the 14th of February 1948.

(3.) The case of the prosecution is that the Nawab desired to take an amount of Rs. 13,00,000/- from the State Treasury of the Tonk State for his personal expenditure and requested the accused to assist him in obtaining the sanction of the State Ministry in this matter, and further agreed to pay a sum of Rs. 3,00,000/- to the accused for using his good offices. The accused obtained the desired sanction of the State Ministry, and accordingly the Nawab received a sum of Rs. 13,02,467/4/- from time to time between the 31st March 1948 and 29th April 1948. The Nawab gave a sum of Rs. 1,50,000/- to the accused in part payment of the sum of Rs. 3,00,000/-on the 21st of April 1948, out of a sum of Rs. 5,00,000/- received by him on the same date. At the end of April 1948, the accused brought pressure to bear on the Nawab for the payment of the balance of the sum of Rs. 3,00,000/-by threatening to disclose the evidence which the accused said was in his possession relating to Nawab's complicity with the Razakar movement in Hyderabad State, and the Azad Kashmir Forces in the Kashmir State, and thereby obtained from the Nawab a sum of Rs. 1,50,000/- against his will by the -end of April 1948. Later on, through the intervention of the Regional Commissioner, the Nawab got back the amount of Rs. 3,00,000/- from the accused on the 13th July 1948, in the presence of the Regional Commissioner.