Skip to content


The State of Rajasthan Vs. Tarachand Jain - Court Judgment

LegalCrystal Citation
SubjectMedia and Communication;Criminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 24 of 1970
Judge
Reported inAIR1973SC2131; 1973CriLJ1396; (1974)3SCC72; [1974]1SCR146; 1973()WLN496
ActsIndian Penal Code (IPC), 1860 - Sections 148, 161, 323, 324 and 325; Code of Criminal Procedure (CrPC) , 1898 - Sections 107
AppellantThe State of Rajasthan
RespondentTarachand Jain
Appellant Advocate L.M. Singhvi and; Maya Rao, Advs
Respondent Advocate A.K. Sen, ; A.N. Mulla and ; Sobhag Mal Jain, Advs.
Cases ReferredIndian Passport Rules and State v. Hazi Ali Mohammed
Prior historyFrom the Judgment and Order dated March 27, 1968 of the Rajasthan High Court at Jodhpur in D.B. Cr. A. No. 762/64 and S.B. Cr. A. No. 387 of 1964.--
Excerpt:
.....therefore, remitted back - and whereas from the perusal of the facts on the record of this case placed before the governor of rajasthan he is satisfied that there are reasonable grounds to believe that shri tara chand jain, sub-divisional magistrate has committed the offence within the meaning of section 161 i......the 6th october 1960.-whereas it has been brought to the notice of the governor of rajasthan that shri tara chand jain, ras s/o shri kesar lal jain resident of panch batti baxhi bhawan, jaipur city, and posted at barmer as sub-divisional magistrate has accepted or obtained rs. 500/- for himself from shri hazi ali mohammed s/o shri hari musalman resident of village siyar district banner accused in case no. 82 of 1959 and no. 462 of 1969 state v. shri hazi ali mohammed under section 3/6 indian passport rules and state v. hazi ali mohammed under section 12/11 rajasthan religious buildings and places act respectively pending in his court on 30-3-60 at his residence at barmer, as gratification other than legal remuneration as a motive or reward for showing favour to him in the exercise of.....
Judgment:
ORDER

No. F. 19(33) Apptts (A)/60/Group III.-Jaipur the 6th October 1960.-Whereas it has been brought to the notice of the Governor of Rajasthan that Shri Tara Chand Jain, RAS S/o Shri Kesar Lal Jain resident of Panch Batti Baxhi Bhawan, Jaipur City, and posted at Barmer as Sub-Divisional Magistrate has accepted or obtained Rs. 500/- for himself from Shri Hazi Ali Mohammed S/o Shri Hari Musalman resident of Village Siyar District Banner accused in case No. 82 of 1959 and No. 462 of 1969 State v. Shri Hazi Ali Mohammed under Section 3/6 Indian Passport Rules and State v. Hazi Ali Mohammed under Section 12/11 Rajasthan Religious Buildings and Places Act respectively pending in his court on 30-3-60 at his residence at Barmer, as gratification other than legal remuneration as a motive or reward for showing favour to him in the exercise of his official functions by extending a promise to decide the cases in his favour or by corrupt and illegal mean or by otherwise abusing his position as a public servant has obtained for himself pecuniary advantage in the form of G.C. notes of Rs. 500/- in discharge of his duty and which gratification of Rs. 500/- was also recovered from his possession by the Deputy Superintendent of Police, Anti Corruption Shri Nand Singh in the presence of Motbir witnesses, complainants and Police party, and which acts of said Sub-Divisional Magistrate are punishable under Section 161 I.P.C. & 5(1)(d)(2) of P.C. Act, 1947.

And whereas it has also been brought to the notice of Governor of Rajasthan that Shri Tara Chand Jain, RAS, Sub-Divisional Magistrate, Barmer has habitually accepted or obtained the following amounts from the following persons in cases against them in his Court, as gratification (other than legal remuneration) as a motive or reward such as is mentioned in Section 161 of the Indian Penal Code...

And whereas from the perusal of the facts on the record of this case placed before the Governor of Rajasthan he is satisfied that there are reasonable grounds to believe that Shri Tara Chand Jain, Sub-Divisional Magistrate has committed the offence within the meaning of Section 161 I.P.C. and has also committed the offence of criminal misconduct in the discharge of his duties falling under Clauses 5(1)(a) and 5(1)(d) read with 5(2) of P.C. Act (II of 1947), on the basis of facts stated above.

And whereas there is no other ground whatsoever to refuse or withhold the sanction for the prosecution of Shri Tara Chand Jain.

Now, therefore, in pursuance of Section 6(1)(b) of the Prevention of Corruption Act, 1947 the Governor of Rajasthan being the competent authority to remove Shri Tara Chand Jain from his office do hereby accords sanction for the prosecution of the said Shri Tara Chand, for the offences under Section 161 I.P.C. and Section 5(2) read with Section 5(1)(a) and 5(1)(d) of P.C. Act, 1947 (No. II of 1947), or any other offence or offences which may be found to have been committed by Shri Tara Chand Jain in this connection.

BY


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //