PHANINDRA CHANDRA NEOGY Vs. KING

JUDGEMENT

(1.) This appeal is brought by special leave from a judgment of the High Court of Judicature at Fort William in Bengal dismissing the appeal of the appellant, Phanindra. Chandra Neogy, from the conviction and sentence passed on him by the Chief Magistrate, Calcutta, on 10 April 1946.

(2.) The conviction was for an offence under S. 161, Indian Penal Code and the sentence was one of twelve months rigorous imprisonment. It is convenient to set out the charge which was in these terms : "That you Phanindra Chandra Neogy, on or about 10 day of September 1945, in the Town of Calcutta being a public servant to wit, a Railway servant and an inspector in the office of the Regional Controller of Priorities accepted from one Sohanlal a gratification other than your legal remuneration to wit, the sum of Rs. 500 only as a motive or reward for showing favour to the said Sohanlal in the exercise of your official functions relating to an application by the said Sohanlal for being allowed two wagons, one from Allahabad and another from Benares and thereby you the said Phanindra Chandra Neogy committed an offence punishable under S. 161, Indian Penal Code and within my cognizance."

(3.) The single ground upon which the petition for special leave to appeal was based was that, no sanction for the prosecution of the appellant having been obtained either under S. 270, Government of India Act, 1935, or under S. 197, Criminal PC the Chief Magistrate had no jurisdiction to try or convict him, and it was upon this ground that special leave to appeal was granted, for similar leave had been given in Gill V/s. The King, a case then pending, in which the same question (together with other questions) was raised.