STATE Vs. RAM PRASAD

JUDGEMENT

(1.) THESE two matters arise out of the prosecution of one Ram Prasad for an offence under Section 161, Penal Code read with Section 5 (2), Prevention of corruption Act, 1947.

(2.) RAM Prasad was the correspondence clerk in the office of the Station Master, kotah Railway Station. Shanker Lal made a complaint on 9-10-1956, to the officer-in-charge, Anti-Corruption Branch, Rajasthan State, at Kotah that the accused Ram Prasad was demanding a sum of Rs. 10/- in order to issue a memo to appear at a test before the Traffic Inspector, Kotah, for being placed on the list of candidates approved for employment off and on in Class IV Service. The trap was organised by Sardar Bishakha Singh, Deputy Superintendent of Police, rajasthan, and it was alleged that the trap was successful, and the accused was caught red-handed. The case was transferred later on to the Special Police establishment, Jaipur, on the ground that the accused was a Central Government employee working in the Railway. Mr. A. R. Khan, Superintendent of Special Police establishment, Jaipur, put up a challan in the Court of Special Judge at Jaipur. The accused made an application that the Special Judge at Jaipur had no jurisdiction to try the case, as the alleged occurrence took place at Kotah within the jurisdiction of the Special Judge, Kotah. It was mentioned that the trap was laid by the rajasthan Police and the investigation was also conducted by that police, and the applicant suffered great hardship if his case was tried at Jaipur. The learned special Judge, Jaipur, made a reference on the 18th of May, 1957, for decision whether he had jurisdiction. It was mentioned that the main part of the investigation was conducted by the Rajasthan State Police, and the special jurisdiction conferred on the Sessions Judge, Jaipur City, by Notification No. F. 2 (9) Jud/52, dated 18th November 1955, appointing the Sessions Judge of Jaipur city to be Special Judge also for the trial of all cases investigated by the Delhi special. Police Establishment involving offences punishable under Sections 161 or 165 or 165-A of the Indian Penal Code or Section 5 (2) of the Prevention of corruption Act, 1947 (Central Act No. II of 1947) with jurisdiction over the whole state of Rajasthan appeared to him to be doubtful. The learned Special Judge has accordingly referred the case to this Court for decision on the question of jurisdiction. The reference case is No. 82 of 1957.

(3.) THE accused Ram Prasad has also moved an application for transfer of the case from the Court of the Special Judge, Jaipur City, to Special Judge, Kotah. This is petition No. 57 of 1957.