Supreme Court of India · 1970-08-14
BHOLANATH AMRITLAL PUROIHIT vs STATE OF GUJARAT
- Citation / case number
- SC 1967/246
- Court
- Supreme Court of India
- Petitioner
- BHOLANATH AMRITLAL PUROIHIT
- Respondent
- STATE OF GUJARAT
- Bench
- HEGDE, K.S.
Judgment text excerpt
The Supreme Court held that the trial of the appellant under Section 55 of the Indian Post Office Act, 1898 was invalid due to non-compliance with Section 72, which mandates that a complaint must be made by order of or under authority from the Director-General or Post Master General. The Court clarified that a mere police report does not satisfy the requirement of a formal complaint as intended by the statute. Consequently, the magistrate lacked jurisdiction to take cognizance of the offence, leading to the allowance of the appeal.