SHRI VIRINDAR KUMAR SATYAWADI versus THE STATE OF PUNJAB.

SHRI VIRINDAR KUMAR SATYAWADI versus THE STATE OF PUNJAB.

A Returning Officer, when deciding on the validity of a nomination paper under section 36 of the Representation of the People Act, 1951, though acting in a judicial manner, does not constitute a court within the meaning of section 195(1)(b) of the Code of Criminal Procedure. Therefore, an order directing prosecution...

Source-derived case information.

Parties
Appellant: Shri Virindar Kumar Satyawadi; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
24 November 1955
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Punjab High Court's Order in Criminal Revision No. 86 of 1953, Arising From Sessions Judge, Kamal's Order in Criminal Appeal No. 355 of 1952
Outcome
Appeal dismissed
Legal Topics
Whether Returning Officer Is a Court Under Code of Criminal Procedure S.195, Prosecution for False Declaration in Election Nomination, Appealability of Returning Officer's Orders
Criminal Law Election Law Procedural Law Whether Returning Officer Is a Court Under Code of Criminal Procedure S.195 Prosecution for False Declaration in Election Nomination Appealability of Returning Officer's Orders

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Summary, issues, holding and outcome

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Parties

Shri Virindar Kumar Satyawadi

Appellant

The State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Punjab High Court's Order in Criminal Revision No. 86 of 1953, Arising From Sessions Judge, Kamal's Order in Criminal Appeal No. 355 of 1952

Legal Issues

  1. 1 Whether a Returning Officer deciding on the validity of a nomination paper under ss.33, 36 of the Representation of the People Act, 1951 is a court within the meaning of ss. 195(1)(b), 476, and 476B of the Code of Criminal Procedure
  2. 2 Whether an order by Returning Officer can be appealed under section 476-B CrPC for prosecution for offences including s.193, IPC for false statement

Ratio Decidendi

A Returning Officer, when deciding on the validity of a nomination paper under section 36 of the Representation of the People Act, 1951, though acting in a judicial manner, does not constitute a court within the meaning of section 195(1)(b) of the Code of Criminal Procedure. Therefore, an order directing prosecution for offences such as s.193, IPC for making a false declaration is not appealable under section 476-B CrPC, as the alleged offence was not committed in or in relation to a proceeding in any court.

Court Disposition

Appeal dismissed

Orders

  • No interference with the order of the Magistrate dated 17-9-1952; proceedings may continue as directed.
  • No remand or new hearing before the Sessions Judge is warranted.