GOVERNMENT OF MYSORE Vs. LAKSHMAMMA

JUDGEMENT

(1.) This is a reference by the learned District Magistrate, Shimoga, under Section 438, Criminal P. G. seeking orders in R. C. No. 136 of 50-51 on the file of the Special First Class Magistrate, Sagar. The reason for the reference is that the learned Magistrate declined to entertain the charge-sheet presented by the Hosanagar Police alleging commission of offences by the accused on 21-5-1949 in Kote Shirur which at the time formed part of the Madras State but part of Mysore State at the time of the charge-sheet. The case was originally instituted in the Court of the Magistrate, Coondapur, and consequent on the passing of the Provinces and States (Absorption of Enclaves) Order, 1950, an objection was raised by the accused for the case being proceeded with before that Magistrate in South Oanara. The objection was upheld and the proceedings in the case before that Magistrate ceased. Subsequently the Hosanagar Police placed a charge-sheet before the learned Magistrate, Sagar, which he declined to entertain on the view that the proper Court having jurisdiction to proceed with the case was the Court in South Canara and not in Mysore.

(2.) We are unable to agree with the learned Magistrate either in the reasoning or the view adopted by him on the question of jurisdiction. The cases referred to by him in support of the conclusion are not helpful to decide the point as they only serve to show that the Magistrate in South Canara is competent to proceed with the case and not that the Court in Mysore has no jurisdiction to deal with it. Instead he would have done well to have examined the provisions of the Enclaves Order which have a direct and material bearing on the question for consideration. Clause 3 states:

(3.) We therefore, accept the reference and direct the Magistrate to proceed with the case in accordance with law.