STATE OF UTTARAKHAND Vs. POORAN SINGH NEGI

JUDGEMENT

(1.) MR . G.S. Sandhu, Government Advocate present for the State. Mr. Sandeep Tandon, Advocate and Mrs. Pushpa Joshi, Advocate are present to assist the Court as directed by this Court vide order dated 22 -04 -2009.

(2.) HEARD learned counsel for the parties.

(3.) A communication is received by the Registry of this Court from the Chief Judicial Magistrate, Bageshwar, stating that he had committed Criminal Case No. 498 of 2008 (Crime No. 715 of 2008); State Vs. Pooran Singh Negi and others, relating to offences punishable under Section 302,201, 394,427,411 of (.P.C. Police station Kotwali Bageshwar, to the court of Sessions Judge, Bageshwar. It appears that on behalf of the State an application was moved before the Sessions Judge, Bageshwar, that said case be transferred to the court of Special Judge {U.P. Gangsters and Anti -social Activities (Prevention) Act}, Nainital. The Sessions Judge, Bageshwar, vide his order dated 12 -12 -2008, returned the record of the case to the Chief Judicial Magistrate directing him to send the record to the Special Judge {U.P. Gangsters and Anti -social Activities {Prevention)Act}, Nainital, for trial. The Sessions Judge opined that the committal of the case to the Sessions Judge, Bageshwar was wrong as it had no jurisdiction to try after the court is created under Section 5 of the aforesaid Act.