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Chiranji Lal Vs. King-emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAllahabad
Decided On
Reported inAIR1928All344
AppellantChiranji Lal
RespondentKing-emperor
Excerpt:
- .....be bound over. if, the analogy of the action taken in this case were applied to other actions of chap. 8, evidence of commission of one theft would be sufficient to hind a man over under section 110, criminal p.c., and one beating given by one man to another would be sufficient to bind him over under section 107, criminal p.c. when substantive offences are committed, the law does not provide for an easy way dealing with them under chap. 8, criminal p.c. in the present case if chiranji lal in spite of some of his notices being confiscated had continued in other ways to give out other notices for publication, this would certainly have been a case to be dealt with under section 108, criminal p.c. in the present case what has been proved against him is the commission of one particular.....
Judgment:
ORDER

Dalal, J.

1. In my opinion Chiranji Lal was wrongly proceeded against under Section 108, Criminal P.C., when he ought to have been prosecuted tinder Section 153A, I.P.C. The facts found by the Subordinate Courts are that on one and only one occasion Chiranji Lal, who is assistant secretary of the Arya Samaj at Bareilly, gave out to a peon of the Society certain notices to be affixed publicly in the city of Bareilly, the contents of those notices being such as to promote feelings of enmity or hatred between Mahomedans and Arya Samajists. Part 4, Criminal P.C., is headed 'Prevention of Offences.' It does not provide for punishment of offences already committed. That part of the Criminal Procedure Code deals with steps to be taken to prevent offences in future. The judgment of neither Subordinate Court gives any indication of Chiranji Lal having ever before disseminated such literature, or of any fear that he would do so in future unless bound over and prevented. It is obvious to me that proceedings were taken under Section 108, Criminal P.C., to avoid the trouble and possible refusal of Government to prosecute under the provisions of Section 153A, I.P.C. When the law has provided certain sanctions, it cannot be permitted that the same action may be taken without sanction by adopting a different course. Chiranji Lal at once admitted that he had given out the notices for public circulation, and pleaded that ha had not read them before giving them out. This is not the spirit of a man prepared to do an undesirable act at any cost. To take proceedings under Section 108, Criminal P.C., there ought to be evidence that, if not prevented, the person accused would continue to act in the way in which he had done. The words of the section are 'disseminates, or attempts to disseminate,' and do not cover only one act, in which case the words would have been 'has disseminated or has attempted to disseminate.' Both the Courts deal with one particular offence as if they were trying a charge under Section 153A, I.P.C., without inquiring into the reason why the applicant should be bound over. If, the analogy of the action taken in this case were applied to other actions of Chap. 8, evidence of commission of one theft would be sufficient to hind a man over under Section 110, Criminal P.C., and one beating given by one man to another would be sufficient to bind him over under Section 107, Criminal P.C. When substantive offences are committed, the law does not provide for an easy way dealing with them under Chap. 8, Criminal P.C. In the present case if Chiranji Lal in spite of some of his notices being confiscated had continued in other ways to give out other notices for publication, this would certainly have been a case to be dealt with under Section 108, Criminal P.C. In the present case what has been proved against him is the commission of one particular offence at one particular time under Section 153A, and there is no evidence whatsoever of his having done so before, or of his having an intention of doing so in the immediate future. In my opinion the proceedings under Section 108, Criminal P.C., were not legally justified. I set aside the order of the Magistrate dated 20th October 1927 and discharge the applicant.


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