N L CARRICK Vs. EMPEROR

JUDGEMENT

(1.) This is an application to quash the trial of the petitioner N.L. Carrick, Chief Accountant of the India Copper Corporation at Ghatsila, in the following circumstances:

(2.) On 8 May 1939, one A.B. Rao, a worker of the company (as the corporation seems to be called), wrote to the officer in charge of the Ghatsila Police Station that while he was waiting for payment, the company's sepoys had begun to use force and one Karam Elahi and three other Pathans had caught him and Karam Elahi had pushed him and punched him twice. Shortly afterwards A.T. Chatterji and two others also wrote to the same officer that they had been severely assaulted by the Pathan sepoys and Pathan workers, by the order of Mr. Carrick, as they were prominent members of the Workers Union. The Sub-Inspector drew up the usual first information on A.B. Rao's letter though the other letter was also treated as part of the same cases, and dealt with it as a case under Secs.147 and 323, Indian Penal Code.

(3.) In the course of the in-vestigation that followed, Kajir Khan,a sepoy of the company who had been injured, made a statement which formed the subject of a counter case; and this case was also investigated at the same time. On 1 June the investigating officer submitted what is known as a final report to the effect that no case of rioting was made out as the ingredients of that offence were not all proved, and that it was a non-cognizable case under Section 323, Indian Penal Code. On 20 June this report was accepted by Mr. Khan, the Magistrate then in charge of the sub-division, who ordered the case to be shown in the register accordingly.