H.N. RISHBUD AND INDER SINGH VS STATE OF DELHI AIR 1955 SC 196

Advertisements

FACT OF THE CASE

The petitioner Rishbud  was the assistant development officer of the directorate-general , ministry of industry and supply ,government of india and inder singh was the assistant project section officer (steel) in the office of the directorate-general , ministry of industry and supply, government of india.the accused in this case are public servants and there are also charges under section 5(2)  of prevention of correction act,1947.so they approached the court to quash proceedings based on the charge-sheet. 

ISSUE RAISED

• Whether the charge-sheets are illegal
• Whether the investigation conducted on the violation of provision of sub-section(4) of the section 5 of the prevention of corruption act ,1947 ,are illegal and required to be quashed. 

CONTENTIONS OF THE PETITIONERS

The arguments are 

• The provision of the prevention of corruption act 1947 enacted that the investigation into the offence specified herein shall not be conducted by any police without the specific order of a magistrate ,directory or mandatory.
• The trail following an investigation in contravention of this provision was illegal. 

CONTENTIONS OF THE RESPONDENTS

• If there is cognizance  is in fact taken on a police report vitiated by the breach of a mandatory provision relating to investigation  there can be no doubt the trial which follows it cannot be set aside unless the legality in the investigation can be shown to have brought  about a miscarriage of justice . 

REASONS OF JUDGEMENT

The court observed that

• There is no sense in clause (a) , (b) and (c) of section 190(1) are conditions requisite for taking of cognizance, it impossible to say that cognizance on an invalid police report is prohibited and is therefore a nullity.
• If the cognizance is in fact taken ,on a police report vitiated by the breach of a mandatory provide relating to investigation , there is no chance of doubt that the result of the trail which follows it cannot be set aside unless the illegality in the investigation can be shown to have brought about a miscarriage of justice .

JUDGEMENT

The court held that the investigation conducted in violation of the provisions of sub section (4) of section 5 of the prevention of corruption act ,1947 are illegal and required to be quashed. The court dismissed criminal appeal no.95 of 1954 and observed that it will be open to the appellants to raise the objection before the special judge.

CONCLUSION

These are appeals by special leave against the orders of the Punjab high court made in exercise of revisional jurisdiction , reversing the orders of special judge , Delhi , quashing  certain criminal proceedings pending before himself against these appellants for alleged offences under the penal code and the prevention of corruption act 1947. These appeals raise a common question of law and are dealt with together. 

REFERENCE

https://indiankanoon.org/doc/1440864/

written by Sneha C intern under legal vidhiya

Admin