AMAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application by Amar Singh under Section 561-A, Criminal P. C. praying that the two orders of the District Magistrate, Udaipur, dated 17th August, 1964 (Ex. 1) and 21st September, 1964 (Ex. 2) be quashed. The parties have not joined any controversy over the facts at this stage of the case and the following statement of facts with the consent of the counsel for the parties may be given for a proper disposal of the application.

(2.) THE petitioner had started institutions under the name and style of "board of general Knowledge Education" and "rajasthan Hindi Vidya Peeth" at Udaipur for conducting examinations in general knowledge and Hindi. He is alleged to have started other institutions also but at present we are not concerned with that controversy. The parties are also at some controversy whether the institutions run by the petitioner are recognised or not but it is not necessary to go into this controversy also. According to the State the police was informed of the bogus character of these institutions and a few cases under Sections 420 and 468, Indian penal Code have been registered against the petitioner. The petitioner, however, has information only of one first information report No. 51 of 1964 under Section 420, Indian Penal Code. It appears that in connection with investigation of the case No. 51 of 1964 the Superintendent of Police, Udaipur considered the need of an appropriate order under Section 95, Criminal P. C. and he, therefore, approached the District Magistrate for the purpose. The District Magistrate on 17th August, 1964 passed an order Ex. 1 which may be reproduced here :--Ex. 1 "no. Jud/6122-26 Dated the 17th August, 1964. ORDER in pursuance of Section 95 (1), Criminal P. C. , I, M. S. 'sadasivan, district Magistrate, Udaipur, do hereby order to the Superintendent of post Offices, Udaipur that all documents, parcels, money orders, registered letters, letters, postal orders, saving bank transactions etc. which have been received with the following addresses by him, may be handed over to the Station House Officer, Surajpole, Udaipur, in connection with the investigation of case F. I. R. No. 51/64, under section 420, I. P. C. against Shri Amar Singh Mehta. I. A. S. Mehta (Amar Singh Mehta), Secretary, Board of General knowledge Education, Rajasthan, Udaipur. 2. A. S. Mehta (Secretary, Rajasthan Hindi Vidya Peeth (Hindi Vishwa vidyalaya), Udaipur.

(3.) SECRETARY of the above two institutions. Sd. District Magistrate, Udaipur. " 3. Again, presumably at the instance of the Superintendent of Police, Udaipur, the district Magistrate, Udaipur, passed a second order Ex. 2 dated 21st September, 1964 which reads as follows :