HARAMOHAN PATNAIK Vs. EMPEROR

JUDGEMENT

(1.) This is an application by one Haramohan Patnaik under Section 491(1)(b), Criminal P.C. On 28 September 1938 the petitioner presented an application to this Court praying that an order passed by a learned Magistrate of the first class at Cuttack directing that the petitioner be sent to Dhenkanal State was illegal and that he should be released from custody forthwith. Notice of this application was served upon the local authorities concerned in Cuttack who have appeared to show cause why this Court should not interfere with the orders which have been passed in this case. The petitioner Haramohan Patnaik is a subject of Dhenkanal State, which is a Native State bordering upon the Province of Orissa. On 23 September 1938 the petitioner was arrested on the platform of the Dhenkanal Garh Railway Station by the Government Railway Police, who purported to act under a warrant issued by the District Magistrate of Dhenkanal. After arrest the petitioner was brought to Cuttack and produced before the City Magistrate, Mr. Ganesh Chandra Chandra, on 24 September 1938. On inquiry the petitioner admitted that he was a subject of Dhenkanal State, and the learned Magistrate ordered that he should be detained in custody until the Dhenkanal State authorities made arrangements to convey him to Dhenkanal. The warrant of arrest issued by the District Magistrate of Dhenkanal showed that the petitioner was alleged to have committed, within that State, an offence under Section 124-A, I.P.C. It is to be observed that there is no allegation in this case that the petitioner has committed any offence within British India.

(2.) On behalf of the petitioner it has been contended that his arrest at the Dhenkanal Garh Railway Station was illegal and that as such vitiates all proceedings taken thereafter. Dhenkanal Garh Railway Station is within the State of Dhenkanal; but it is clear that the Dhenkanal State authorities have no jurisdiction within the limits of railway land in that State. The position with regard to railway lands in the State of Dhenkanal is defined by a Notification No. 754 I.B., dated 28 March 1912, issued by the Governor-General in Council in exercise of the powers conferred upon him by the Indian (Foreign Jurisdiction) Order in Council 1902, and of all other powers enabling him in that behalf. The order of 28 March 1912 provides: (1) Subject to the modification specified in col. 4 of the schedule thereto annexed all laws for the time being in force in the districts or areas specified in col. 3 of the said schedule shall be in force in the lands lying within the states specified in the corresponding entry in column 2 which are occupied by the portions of the railways specified; in the corresponding entry in col. 1 thereof. (2) The Local Government and all Officers subordinate to it for the time being exercising executive authority within the said districts or areas shall exercise the like authority within the said , lands, except in connexion with the administration of police which shall be vested in the officer for the time being in charge of Railway Police under the said Local Government. (3) All Courts having for the time being jurisdiction within the said districts or areas shall have: the like jurisdiction within the said lands.

(3.) From a reference to the schedule annexed to this Order, it will be seen that the laws in force in the District of Cuttack shall be in force in the railway lands situate in the State of Dhenkanal and further that the Local Government and officers subordinate to it exercising executive authority in the Cuttack District shall exercise similar authority within the railway lands situate in Dhenkanal State. Further, the police administration within the railway lands situate in Dhenkanal State is vested in the Officer for the time being in charge of the Railway Police. The effect of this order is; to place the railway lands in Dhenkanal State within the jurisdiction of the local, authorities at Cuttack and accordingly it is; argued that the District Magistrate of Dhenkanal has no jurisdiction whatsoever over the land upon which the Dhenkanal Garh Railway Station is situate. It is contended therefore that any warrant issued by the District Magistrate of Dhenkanal could not be directed either to the district authorities exercising jurisdiction over these railway lands or to the Railway Police who were responsible for maintenance of law and order within these railway lands. The warrant for the arrest of the petitioner was direct to the Officer-in-Charge of the Railway Police at Dhenkanal Garh Railway Station, and it directed him to arrest the; petitioner who was alleged to have committed within the State an offence under- Section 124.A, I.P.C.