KARAM SINGH Vs. STATE

JUDGEMENT

(1.) THIS reference comes on the report of the learned Additional District Magistrate Jodhpur, dated the 17th of January 1955. He has made a recommendation that the offence of Criminal conspiracy under Section 120b alleged against the accused Karamsingh was committed in Phagwara in Pepsu State, that the Extra First Class City Magistrate has, therefore, no jurisdiction to enquire into the matter and so the proceedings should De quashed.

(2.) IT appears that the question of jurisdiction was raised by the accused Karamsingh in the court of the Extra Magistrate First Class, Jodhpur, but it was held by him that the facts alleged by the prosecution disclosed a case under Section 109 of the Indian Penal Code and, therefore, he had jurisdiction to proceed in the matter.

(3.) IT Is alleged by the prosecution that one Meharsingh wanted to go out of India, but the Patiala Government had refused to give him the required permission in February 1952. He was however, very anxious to go to a foreign country, and therefore, he sought the help of the accused Karamsingh, who promised to obtain a passport for him for Rs. 4,500/ -. According to the prosecution, Maharsingh gave Rs. 4,500/- to the accused Karamsingh after mortgaging his land. Thereafter, the accused somehow obtained an old passport which was once issued in the name of one Kansingh. Kansingh was dead and so this passport was obtained from his son Arjunsingh. Having obtained this passport, Meharsingh's name was put in there. His photo was also affixed. On 11th of January 1954, Meharsingh was trying to go out of India by a plane from Jodhpur, but somehow suspicions of police officers were aroused and when they made an inquiry, it was found that the passport whereby Meharsingh wanted to go out was a faked one. He was therefore off landed from the plane. After investigation, the police challaned Karamsingh, Mahendrasingh and Meharsingh for offences under Sections 490, 466, 467, 471, 472, 474 and 120b of the I. P. C, One of the accused namely, Kartarsingh was absconding and, therefore, he was not challaned along with these accused. I learn that he has been subsequently arrested and challaned. for the same offences.