EMPEROR Vs. MALHARI LAXMAN

JUDGEMENT

(1.) In this case the accused Malhari Laxman was registered at Deolali as a member of a criminal tribe, on March 25, 1920. By Government Resolution No. 5012, dated May 20, 1921, the Mang Garudis registered at Deolali were ordered to be placed in the Sholapur Settlement. It appears that the accused was in the Sholapur Settlement from July to October 12, 1921, On October 13, 1921, the accused was released on probation and allowed to go to Bombay and his roll-call was cancelled. There was no settlement at Bombay at that time, but later on the Dharavi Settlement came into existence in 1925, and the accused got himself registered on December 3, 1925. The accused did not disclose to the Bombay Police that he was already settled at Sholapur and was in Bombay on probation. On December 22, 1925, the Criminal Tribes Settlement Officer ordered accused's probation to be cancelled for misconduct, and the accused was ordered to be returned to the Sholapur Settlement. This order was communicated to the accused on June 24, 1926. On July 19, the accused was definitely informed that he had to return to Sholapur immediately, and as he refused to go to Sholapur he was arrested on July 21, 1926, at 5 P.M. and was placed before the Magistrate. The acting Fourth Presidency Magistrate held that the accused's case fell under Section 25 (a) of the Act as he was found in Bombay after he was asked to go or restrict himself to Sholapur Settlement.

(2.) It is argued on behalf of the accused that the order Ex. B of December 22, 1925, is not a legal order, on the ground that the Criminal Tribes Settlement Officer had no power to cancel the order of probation ; that Section 25 of the Criminal Tribes Act did not apply; and that the accused could only be ordered to return to the Settlement by the Local Government under Section 16 of the Act.

(3.) We cannot go into the merits of the order. Under Rule 17 of the Rules framed by a Government Notification No. 1794-II dated July 22, 1924 :- A registered member of a criminal tribe placed in a settlement under Section 16 of the Act and discharged from the operation of the Act shall, for such period from the date of such discharge (not being more than six years) as the Criminal Tribes Settlement Officer shall determine : (a) reside in such place as the Criminal Tribes Settlement Officer may from time to time determine....