DHAN KUMAR JAIN Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) -This is an appeal by special leave granted by us today, the 12th November, 1976, against the order D/- 4-2-1976 in Criminal Misc. (Main) No. 1 of 1974 after notice to respondents. It was heard immediately by consent of both sides.

(2.) The validity of the commitment proceedings and the transfer of the case to the committing Magistrate are questioned by the appellant. We uphold the High Court's order in so far as it quashed the charges framed under Ss. 466 and 471/466, Indian Penal Code against the appellant. Nothing has been urged against that.

(3.) The High Court does not appear to have decided all the points raised. At any rate, it has not fully dealt with the matter in coming to its conclusions regarding the commitment of the appellant for an offence under Section 193, I. P. C. We need not mention all the questions of fact and law sought to be raised before us. They will, no doubt, be urged before the High Court which will in particular decide whether there was a legally valid order of transfer. If there is none, the proceedings may have to be sent back to the Court from which a purported transfer was made.