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1906 DIGILAW 102 (CAL)

Thakur Prosad Singh and Tirbeni Singh v. Emperor

1906-05-04

body1906
JUDGMENT 1. This rule was issued on the Deputy Commissioner of Palamow to show cause why the proceedings against the Petitioners should not be quashed on the ground that the information before the Magistrate does not disclose any offence against them. It appears that proceedings under secs. 465 and 468 read with sec. 109, I.P.C., were commenced against four persons Chandra Sahu, Sheikh Dost Mahomed and the two present Petitioners at the instance of the Deputy Commissioner. By an order made by this Court on the 21st February 1906 the proceedings were quashed for reasons stated in that order. But this Court stated in its order: "If the Deputy Commissioner as representing the Court of Wards desires to proceed with the prosecution against any of these persons he should follow the ordinary procedure and should have a proper complaint lodged stating the information and grounds upon which it is desired to proceed and this may be filed on his behalf either by the Government pleader or by some officer subordinate to him as Collector." On the 23rd March 1906 the Government pleader of Palamow presented a petition purporting to be one under sec. 200 against all these persons named above for summons against them under secs. 465, 468 read with sec. 109, I. P.C. The Government pleader was also examined. The copies of petition and the statement on oath of the Government pleader, who had evidently no personal knowledge have been placed before us. 2. We do not find in these papers anything which would go to show that as against the Petitioners Thakur Prosad Singh and Tribeni Singh there was any case for issuing summons under the sections stated above. The Government pleader had no personal knowledge. His statement on oath is not supplemented by the statement of persons who had personal knowledge of the matters stated in the petition and the statement of the Government pleader does not disclose the source of his information and the names of the persons to prove the facts stated. In a case in which prosecution is started by a person in the position of a Government pleader who makes statements on information, it is reasonable that the Court before issuing summons should satisfy itself upon proper materials that a case has been made out for issuing summons. We accordingly set aside the order of the Deputy Magistrate, dated the 23rd March 1906.