MOLABUX Vs. CHAMPALAL

JUDGEMENT

(1.) THIS is a revision against an order of the City Magistrate Bikaner dated 8th May 1950.

(2.) ONE Molabux filed a complaint in the Court of City Magistrate Bikaner on 11th May 1949 against 34 persons for offences under secs. 447, 427, 148, 342, 166 and 109 I. P. C. on the allegation that the complainant had constructed a house at Bhinasar which was demolished by the accused without any authority. The complaint was filed against Champalal accused No. 1, President of the Municipal Board of Bhinasar, Kishan Gopal accused No. 2, Secretary of the Board, the employees of the Board, accused Nos. 10 to 25, Manoharlal accused No. 26, Deputy Commissioner Bikaner, Surja Ram accused No. 27, Sub-Inspector, and other Police Officers, accused Nos. 28 to 34. The complaint was that Champalal was a wealthy person and wanted to purchase the house of complainant which the complainant refused to sell. The complainant constructed a house on the old foundation but the said Champalal as President of the Municipal Board ordered its demolition and in compliance of that order the house was demolished by accused Nos. 2 to 25 with the assistance of accused Nos. 27 to 34. Accused No. 26, the Deputy Commissioner was accused of conspiring with Champalal and directing the Police Officers, accused Nos. 27 to 34, to assist in the demolition. The Magistrate recorded evidence under sec. 202 Cr. P. C. and dismissed the complaint holding that the case was of a civil nature. On revision, the High Court of the former covenanting State of Bikaner set aside that order and directed that the Magistrate should look into the evidence and see as to whether any offence had been made out and if so to issue process and proceed further according to law. On receipt of the file, the Magistrate ordered on 19th August 1949 that the case be registered and all the accused be summoned under secs. 447 and 427 I. P. C. On 6th October 1949, the attention of the Magistrate seems to have been drawn to Circular No. 5 of 1919 issued by the Cabine of Bikaner which required the Magistrate to seek permission of the Head of the Department before proceeding against a State servant and the Magistrate sent the copy of the complaint and the evidence recorded under sec. 202 Cr. P. C. to the Commissioner for permission to proceed against the Deputy Commissioner. The Commissioner wrote back in reply on the 28th March 1950 that the Indian Code of Criminal Procedure having been brought into force in Rajasthan, the Magistrate should direct the complainant to obtain the requisite sanction of the Government and that it was no longer necessary for the court to obtain the permission. On 8th May 1950 the City Magistrate recorded that sanction of the Government was necessary before cognizance could be taken of any offence alleged against Mr. Manoharlal former Deputy Commissioner of Bikaner (and since appointed Collector at Pali by the Government of Rajasthan), and as no such sanction was produced, the complaint could not be proceeded with. He accordingly dismissed the complaint.