C DEVANUGRAHAM Vs. STATE OF TAMIL NADU
HIGH COURT OF MADRAS
STATE OF TAMIL NADU
Click here to view full judgement.
Ramaswami, J. -
(1.) This is a criminal revision petition filed against the order made by the learned Sixth Presidency Magistrate, Egmore, Madras in C. C. No. 8583 of 1950.
(2.) The petitioner was employed as a Food Inspector in the service of the Corporation of Madras. He was charged by the Special Branch Police for an offence under Section 161, I. P. C. in that he received a sum of Rs. 50 from K. Sarangapani Naicker, a milk man as illegal gratification. The case was tried before the Fifth Presidency Magistrate in C. C. No. 1137 of 1949. The petitioner was convicted and sentenced to six months rigorous imprisonment and to pay a fine of Rs. 300 or in default to suffer rigorous imprisonment for three months. The petitioner preferred an appeal to the High Court in Crl. Ap. No. 728 of 1949 and this was disposed of by Panchapagesa Sastry J.
(3.) The relevant portion of the judgment of Panchapagesa Sastry J. is as follows:
"It is conceded by the State Prosecutor that if the sanction granted is illegal then, the conviction cannot stand. The ground of objection urged against the validity of the sanction is that the facts relating to the alleged offence were not placed before the sanctioning authority or rather that there is no evidence on befialf of the prosecution that the facts were so placed. Reliance was placed on the decision of the Judicial Committee reported in 'GOKULCHAND DWARKADAS v. EMPEROR', 1948-1-Mad L J 243 (PC)." The learned Judge accepted this contention and concluded:
"It follows that it is not proved that the sanction accorded is legal. If so, the conviction cannot stand. In this view it is unnecessary to deal with the question as to whether the offence is brought home to the appellant; nor is it necessary to refer to the other contentions raised by the learned advocate for the appellant. In the result the conviction and sentence are set aside and the appellant is acquitted. Fine, if paid, will be refunded." Subsequently, the Special Branch Police after rectifying the defect mentioned above has charge-sheeted the petitioner and it has been taken on file and numbered as C. C. No. 8583 of 1950 on the file of the Sixth Presidency Magistrate, Egmore.;
Copyright © Regent Computronics Pvt.Ltd.