SRANGA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner has been convicted by the learned Sub-Divisions I Magistrate, Hospet, in C. C. No. 45 of 1956, under S. 15(a) of the Madras Sales Tax Act and sentenced to pay a fine of Rs. 400/-, in default to undergo S. I. for two months. The conviction as well as the sentence have been confirmed by the learned Sessions Judge, Bellary, in Criminal Appeal No. 64 of 1957 on his tile. As against these decisions the petitioner has come up in revision to this Court.

(2.) A number of grounds have been taken in this revision petition, challenging the correctness as well as the legality of the conviction and sentence, But for obvious reasons, only one ground had been pressed before me, i. e., ground No. 1. It was contended on behalf of the petitioner that Sri G. P. Jagadeesh, the learned Sub-Divisional Magistrate, Hospet, who convicted the petitioner, had no authority to do so as his appointment as a Magistrate was not in accordance with law. It was urged that the appointment of Sri Jagadeesh was invalid as the same was made by the High Court and not by the State Government as required by Section 12(1) of the Criminal Procedure Code.

(3.) The aforesaid contention had not been raised in the Courts below, But as it related to the competence of the Court to try the accused, II permitted the learned counsel for the petitioner to urge the same in spite of the fact that it involved investigation of fresh facts.