A.D. Koshal, J. - (1.) THE prayer made in this petition under Section 482 of the Code of Criminal Procedure, 1973, is that First Information Report No. 157 (hereinafter referred to as the Report) registered at Police Station City Bhiwani on the 14th of April, 1974, in respect of an offence under Section 9 of the Punjab Security of State Act, 1953 (hereinafter called the Act) alleged to have been committed by the Petitioner Ran Singh, and the proceedings taken in pursuance thereof, be quashed.
(2.) THE basis of the Report is the confidential D.O. letter No. Steno -74 -150, dated 19th of February, 1974 (hereinafter referred to as the letter) addressed by Shri O. P. Gupta, District Education Officer, Bhiwani to the Deputy Commissioner, Bhiwani, which may be set out in extenso: One Shri Ran Singh, Science Master, Government High School, Sohansra, came to my office to distribute posters (copy enclosed) and to compel this office staff to participate in the rally of employees on 21st February, 1974 at 5 P.M. at Bhiwani. My office Superintendent/Steno did not allow this master to distribute such posters and to instigate the employees unnecessarily . He, however, threw some posters on the office tables. I had already recommended to the D.P.I, for the transfer of this undisciplined master, who takes keen interest in instigating the teachers against the Government; and orders to that effect are still awaited. This is just for your kind information and action which you may deem fit. With kind regards. The letter was accompanied by a copy of the poster in question (hereinafter described as the poster) which, when freely translated, reads thus: We have nursed this garden with our hearts' blood. This is inscribed on every leaf. The gardener is ill -intentioned; otherwise the right over the garden is ours. Long live unity of the workers and students. Reach Bhiwani, respected comrades and sisters. As is known to everybody, you people have demonstrated your unity by reaching the Loharu and Dadri Tehsils of Bhiwani on 14th February, 1974 in great strength. Now will be organised a big procession at district level on Thursday, the 21st February, 1974, after 5 P.M. in Kirori Mal Park. Therefore you employees and students of District Bhiwani are requested to reach Bhiwani in great number and make the procession a success. The procession will be led by Shri S. D. Kapur, Senior Vice -President, H.S.E.B. and Shri Jagvir Singh, President, H.P.W.D. who, while holding the demonstration, will present a memorandum of demands to the Deputy Commissioner. The District Co -ordination Committee, Bhiwani, in the face of every exercise of power and cruelty our slogan is 'struggle'. The letter and the poster were forwarded by the Deputy Commissioner to the Superintendent of Police, Bhiwani for necessary action, which turned out to be the registration of the case against the Petitioner and his consequent prosecution for an offence under Section 9 of the Act in the Court of a Judicial Magistrate.
(3.) THE case of the Petitioner is that on the allegations made by the prosecution against him no offence under Section 9 of the Act is made out and that for that reason the Report and the proceedings before the trial Court are liable to be quashed.;