STATE Vs. GULABRAM

JUDGEMENT

(1.) THE accused in this case is a cyclist peon in the engineering section of the indore Municipality.

(2.) THE case put up against him by the Anti-Corruption Department was that he, on 28th August 1952 obtained Rs. 100/- by false representation from one Ganpat mali, representing himself to be a Municipal Inspector. He was, therefore, put up for trial before the Special Judge, Indore under Sections 161 and 420, I. P. C. The learned Special Judge decided after full trial that the accused did not fall within the category of a public servant within the meaning of the term as used in Indian penal Code and the Indore Municipal Act.

(3.) HE, therefore, held that the accused could not be tried and convicted for an offence under Section 161, I. P. C. He further held that inasmuch as no offence under Section 161, I. P. C. could be made out against the accused, he could not try the accused under Section 420, I. P. C. , simpliciter. He, therefore, directed the complaint to be filed before a competent Magistrate. The police accordingly put up the. accused for trial before the Additional District Magistrate, Indore. It was contended on behalf of the accused there that in view of the order passed by the learned Special Judge, his trial for an offence under Section 420, I. P. C. , is barred by reason of the provisions of Section 403, Cr. P. C. An objection to that effect was not submitted on behalf of the accused on 1st February 1955. The learned magistrate accepted the contention of the accused and dismissed the complaint.