Guwahati Court December 1948 Judgments
Province of Assam Vs. Mahendra Chandra De
Court: Guwahati
Decided on: Dec-06-1948
1. This purports to be an appeal under the provisions of Section 417, Criminal P. 0., 'The material facts briefly are as follows: The accused Mahendra Chandra De is the station master of Haibargaon Railway station of the Assam Railway. A police officer submitted a report against him to the effect that he bad demanded a bribe of Rs. 50 from one Sudhir Pandit for arranging for a wagon for the said Sudhir Pandit. On this report, process was issued against the accused and e was placed on his trial before a Magistrate of the First Class at Nowgong. The learned Magistrate recorded evidence and then delivered a judgment in which heheld first—that under the provisions of Section 6, Prevention of Corruption Act 1947, the Court was not entitled to take cognisance of the offence without sanction and that no sanction had been accorded to the prosecution and therefore, the Magistrate had no jurisdiction to take cognizance of the offence. But he proceeded to hold from the facts and circumstan...
Tag this Judgment!Tarun Sen Deka and ors. Vs. Government of Assam
Court: Guwahati
Decided on: Dec-03-1948
Thadani, J.1. We have before us for our consideration petitions of U detenus made under the provisions of Section 491, Criminal P. C. Of these detenues Fazal Rahman, Jyotirmoy Chakravarty, Nurul Shekh, and Bipin Chakravarty have been released by the Provincial Government and we are not invited to give out decision in regard to their detention.2. Against the petitioners, Tarun Sen Deka, Mohanlal Mukherjee, Bipin Dalai, Kamini Sarma, Arbindo Ghosh, Nirendra Lahiri, Upendra Chandra Das, Mohibuddin Musi fresh orders for their detention have been passed after they had been released and in view of our order passed in Nirendra Mohan v. Government of Assam, Criminal Mis. case No. 15 of 1948 on 19th November 1948, (A.I.R. (36) 1949 Assam 87) their detention must be held to be legal and the validity of the period of their detention has not been questioned in view of Section 3, Assam Maintenance of Public Order Act (Act V [5] of 1947), 1947.3. It is only the ease of the remaining two detenues, n...
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