EMPEROR Vs. PRITAM SINGH

JUDGEMENT

(1.) This is a reference by the Additional Sessions Judge of 24-Parganas recommending that certain proceedings now being held against one Pritam Singh be quashed on the ground that further prosecution of this accused for an offence under Secs.19A and 19 (f), Arms Act, is barred by the provisions of Section 403, Criminal P.C. The accused was first sent up on 1-11- 1945, with another man. On 8-12-1945, a charge sheet against the accused alone under Section 19 (f), Arms Act, Section 3 of Ordinance 33 [XXXIII] of 1943 and Section 411, Penal Code was received by the Court. On 7-1-1946, the District Magistrate of 24-Parganaa granted sanction for the prosecution. The case had been transferred on 12 December by the Sub- Divisional Magistrate to the file of Mr. B.L. Saha for disposal. A fresh charge sheet on 21-1- 1946, was submitted to the Sub-Divisional Magistrate who transferred this to Mr. B.L. Saha for disposal.

(2.) The accused was committed to Sessions, when on 28 May the public prosecutor submitted a petition saying that the Police Magistrate instead of starting the proceedings ab initio had simply transferred the fresh chalan to Mr. Saha who was in charge of the case before and that, therefore, in view of the ruling in Basdeo Agarwal V/s. Emperor the entire proceedings were bad. He, therefore, asked permission to withdraw the prosecution. The learned Second Additional Sessions Judge thereupon passed an order acquitting the accused under Section 494, Criminal P.C., noting that the authority might prosecute Pritam Singh with proper sanction starting proceeding ab initio if it is considered desirable and law permits.

(3.) The learned Additional Sessions Judge now makes this reference putting forward the view that the order of acquittal being passed after an application for withdrawal of prosecution had been made, even though the ground for withdrawal was that the whole proceedings were bad, is nevertheless a good order for acquittal and therefore further proceedings could not be held.