Court : Gujarat
Decided on : Mar-16-1951
Reported in : 1953CriLJ665
Chhatpar, J.1. Both the above revision applications are being dealt together, as the facts and the points of law involved in the cases are similar. Both the applicants had migrated to Pakistan and had obtained temporary permits to visit India from the High Commissioner for India at Karachi. The permits in both the cases were for three months from 30th August 1948 to 29th November 1948. On the expiry of the period of the permits, the applicants did not return to Pakistan but over-stayed at Rajkot and they were consequently prosecuted, under Section 4 of Ordinance No. XVII of 1948 (Influx from West Pakistan (Control) Ordinance, 1948) promulgated by the then Governor General of the Dominion of India. Section 4 of the Ordinance reads as is under:4. Penalty-Any person who contravenes the provisions of Section 3 or of any rule made thereunder shall be punishable with, imprisonment which may extend to one year or with fine which may extend to one thousand Rupees or with both such imprisonment...
Tag this Judgment!Court : Gujarat
Decided on : Apr-25-1951
Reported in : 1953CriLJ926
Shah, C.J.1. This revision application involves a question of the validity of a sanction to prosecute and is filed against an order of the Sessions Judge, Sorath, setting aside the order of discharge passed by the First Class Magistrate, Junagadh, and directing that the trial of the accused should be proceeded with according to law. The applicant Ratilal Bhagvanji was a head-clerk and accountant in the office of the Chief Medical Officer of Junagadh and he was prosecuted for certain offences of criminal breach of trust, cheating, forgery etc., under a sanction obtained from the then Administrator of Junagadh State. This sanction was held to be invalid by the Magistrate, Mr. Kikani, since it had not been signed by His Highness the Rajpramukh and the accused was thereupon discharged, A sanction was subsequently given by His Highness the Rajpramukh on 11.10.1949 and same was later amended by an order dated 8.2.1950, by which the sections of the Junagadh State Penal Code were substituted b...
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