NAROTAMDAS BHIKHABHAI Vs. STATE OF GUJARAT
HIGH COURT OF GUJARAT
STATE OF GUJARAT
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(1.) THE applicant, who is a post-master was convicted under Section 409, I. P. C. and Section 55 of the Indian Post Office Act. The conviction under Section 55 of the Indian Post Office Act is set aside In view of Section 72 of the said Act and in view of the fact that there was no complaint but only a report of the Police Officer under Section 173 Cr. P. Code. Such a report is not a complaint as laid down in Section 4 (1) (h) of Cr. P. C.
(2.) THE contention that a prosecution under Section 409 requires the sanction of the Central Government in view of the provisions of Section 197, Cr. P. C. is rejected, because the Post Master is not removeable by the Central Government but, as the learned Counsel admits, he is removable by the Post Master General. No other point of law is urged.
(3.) THE conviction and sentence under Section 55 of the Indian Post Office Act are therefore set aside. Fine imposed under that section, if paid, should be refunded. The conviction and sentence under Section 409, I. P. C. are confirmed.;
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