STATE OF MYSORE Vs. KASHAMBI AND

JUDGEMENT

(1.) This is a reference under Section 438 Cr. P. C. made by the learned Judicial Magistrate, First Class, Saundatti, requesting this Court to decide whether the Notification issued by the Government of Mysore under its Order No, H. D. 24 C I. P. 48 dated 18-12-1958 is valid or not. The learned trial Magistrate is of the opinion that the said Notification is not valid in law.

(2.) The facts material for the purpose of deciding the reference in question are as follows: One Kashambi and another Mohadinbi were prosecuted under Section 8 (a) of the Suppression of Immoral Traffic in Women and Girls Act, 1956, which will be hereinafter referred to as the "Act" in Criminal Cases NoSection 337 and 339 of 1961 on the file of the learned Judicial Magistrate First Class, Saundatti. When those cases were taken up for trial, the learned Counsel for the accused contended that the learned Magistrate had no jurisdiction to try the cases in question. After hearing arguments on that point, the learned Magistrate has made the above reference.

(3.) The Magistrates who can try cases arising under the "Act" are mentioned in Section 2 (c) of the "Act", which says: