RATAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an application by an accused under Section 561 -A. Cr P.C , for quashing the proceedings pending against him in the court of she Munsiff Magistrate, Sojat. The application first came up for hearing before one of us (Kan Singh J) and on account of apparent conflict of judical opinion it was referred to a larged Bench.

(2.) THE question that calls for determination is: Whether Deputy Collector (Jagir) or the Jagir Commissioner for that matter is a court within the meaning of Section 195(1)(c), Cr. PC. so that without a complaint of such court for the offence alleged to have been committed by the accused, the proceedings initiated were null and void.

(3.) THE relevant facts are briefly these: Fauja Singh, Ex -Jagirdar of Barantia Khurd. Tehsil Rajpur, was to get refund of two amounts of Rs. 2902/ -, and Rs 377. 14 P. These sum were credited in favour of the Deputy Collector (Jagir), Pali, on account of interim instalments payable to Kalyan Singh of Barantia Khurd and were later on recovered from Fauju Singh at the time of delivery of bonds to him. The accused Shri Ratan Singh, who is an Advocate, submitted an application for refund purporting to be on behalf of Fauju Singh, along with special power of attorney authorising him to take the refund of the above sums. Certain defects were pointed out by the officer of the Deputy Collector (Jagir) in the power of attorney and for that Shri Ratan Singh agreed to get them rectified. On 20th October, 1964 Shri Ratana Singh submitted a fresh special power of attorney purporting to be duly verified by the Tehsildar, Rajpur. On account of this special power refund of attorney the office of the Deputy Collector ( Jagir ), Pali prepared bill in favour of Shri Ratan Singh and transmitted it for purposes of audit to to the Treasury Officer, Pali. The Treasury Officer raised certain objections and returned the bill to the Deputy Collector, (Jagir), Pali. In the meantime on 6.11.1964 Fauju Singh made an application before the Deputy Colleotor (Jrgir) asserting there in that he had never authorised Shri Ratnasingh to get a refund of the aforesaid amounts He further alleged that the special power of attorney filed by Shri Ratansingh was a forged document. In view of this application of Fauju Singh the bill tnat was prepared by the Deputy Collector (Jagir), was cancelled authorised bill was prepared in favour of Fauju Sihgh himself, and a fresh Shri Ratansingh to get a refund of the aforesaid amounts. He further alleged that the special power of attorney filed by Shri Ratansingh was a forged document. In view of this application of Fauju Singh the bill that was prepared by the Deputy Collector (Jagir), was cancelled and a fresh bill was prepared in favour of Fauju Singh himself.