Kerala Court January 1956 Judgments

K. Velukutty and ors. Vs. State

Court: Kerala

Reported in: 1956CriLJ1020

Koshi, C.J.1. These three revision petitions arise from a pending prosecution before the Quilon Sessions Court. In C. C. No. 1 of 1955 the Quilon Police sought to prosecute five persons for commission of certain offences punishable under the Indian Penal Code. All the five persons were alleged to have committed the offence of cheating (Section 420), accused 3 and 5, who are public servants, of taking gratification other than legal remuneration in respect of an official act (Section 161) and accused 1, 2 and 4 abetment thereof (Section 165-A).The case happened to be filed directly before the Sessions Court as per the provisions of the Criminal Law Amendment Act, 1952 and the charge-sheet was laid on 5-9-1955. In due course-all the five accused persons entered appearance and afterwards, on 8-10-1955 three of them, to wit accused 3, 4 and 5 filed a petition (Criminal M. P. 89) before the lower court alleging that the prosecution was not maintainable inasmuch as the inclusion of the offenc...