STATE OF KARNATAKA Vs. RAYAPPA

JUDGEMENT

(1.) In these petitions the orders passed by the Metropolitan Magistrate (V Court), Bangalore, in CCNos.641, 642, 643, 645 and 646 of 1976 are challenged by the State. The question involved in these cases being the same, they are disposed of by this common order.

(2.) The Police of K.R.Puram charge-sheeted the accused in these cases for various offences arising under the IPC and also under Ss.16, 18 and 20 of the Bonded Labour System (Abolition) Act, 1976, herein- after referred to as .the "Act". The learned Magistrate discharged the accused on the ground that by a notification under Sec.21 of the Act the State Govt had conferred on all the District Magistrates the powers of a Judicial Magistrate, 1st Class, under the said Act for the purpose of, the said section within .Ihe respective jurisdictions, and therefore he had no jurisdiction to try the cases. The learned Magistrate was in error in his view. In the first place, there are offences alleged against the accused falling under one or the other section of the IPC. In the second place, even though the State Government had conferred powers on the District Magistrates to try offences arising under 'the Act by a notification, the powers of the Judicial Magistrate, 1st Class, still remained. By the said Notfn, the Govt has conferred on the Dist Magistrates the powers of a Judicial Magistrate, I Class, under the Act creating concurrent jurisdiction. This has been done, probably, with a view to see that the cases were disposed of expeditiously. At any rate, the Notification has not taken away the powers of the Judicial Magistrate I Class even in respect of offences arising under the Act. Therefore, the orders passed in the above cases are liable to be set aside.

(3.) I, accordingly, allow these patitions, set aside the orders in question and remand the cases to the Court below with a direction that the learned Magistrate should try the cases and dispose them of according to law.