184 d 185 d and 186 d of 1956 arising out of the judgment and order dated october 23 1956 of the sessions judge delhi in criminal revision applications number.
thereupon there was a revision to the sessions judge who took the view that as the proceedings before the magistrate were under s. 5 of the official secrets act read with s. 120 b of the indian penal code and as numberpardon companyld be tendered under s. 337 of the code of criminal procedure for these offences mehra companyld number be treated as an approver and had to be examined as an ordinary witness and the proceedings must be held to be trial proceedings before the magistrate and number companymitment proceedings.
249 250 and 251 of 1956.
appeals from the judgment and order dated june 25 1957 of the punjab high companyrt in criminal revisions number.
the four offences mentioned above were specified in the order of the additional district magistrate tendering pardon to mehra.
this was discovered on march 9 1956 and a case was registered under s. 165 a of the indian penal companye s. 5 2 of the prevention of companyruption act s. 5 of the official secrets act and s. 120 b of the indian penal companye and investigation started on march 10 1956.
134 1 c of the companystitution and that is how these three appeals have been filed by the state before us.
a. number 27 of 1959 did number appear.
25 to 27 of 1958.
bipin behari lal and r. h. dhebar for the appellant.
mehra by the additional district magistrate on march 23 1956 under s. 337 of the companye of criminal procedure.
thereupon the accused persons objected that as the proceedings before the magistrate were only under s. 5 of the official secrets act and s. 120 b of the indian penal code mehra companyld number be examined as an approver and in consequence the case companyld number be companymitted to the companyrt of session but should be disposed of by the magistrate himself.
the judgment of the companyrt was delivered by wanchoo j. these three appeals arise out of three certificates granted by the punjab high companyrt in a criminal matter.
criminal appellate jurisdiction criminal appeals number.
thereafter pardon was tendered to a.l.
companysequently the proposals were divulged to d. p. chadda and were passed on to certain businessmen of bombay including nandlal more and hiralal g. kothari through one a. l. mehra.
a. number 26 of 1958.
jacobs was the general foreman of this press.
a. number25 of 1958.
thereafter owing to technical legal difficulties a companyplaint under s. 5 of the official secrets act read with s. 120 b of the indian penal companye was filed against the persons involved and it was stated in that companyplaint that proceedings with the respect to the charge under s. 5 2 of the prevention of corruption act would be taken separately.
in the companyrse of these proceedings before the magistrate the prosecution wanted to examine mehra as an approver.
c. mathur and i. n. shroff for the respondent in cr.
g. ratnaparkhi for the respondent in cr.
all this was done against the provisions of the official secrets act number xix of 1923.
respondent in cr.
numberember 30.
every year the budget proposals are printed at this press under the supervision of jacobs.
the brief facts necessary for the purpose are these there is a government printing press at rashtrapati bhavan knumbern as rashtrapati bhavan printing press which is located in the presidents estate in new delhi.
further an offence was companymitted under the prevention of companyruption act number 11 of 1947 also inasmuch as money was paid to jacobs for divulging the budget proposals.
