RAHIM VALI MASTER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is against the order of the learned Sessions Judge passed in suo motu revision setting aside the acquittal of these three petitioners, who were original accused Nos. 2,3 and 4. The question is a simple and pure question of law and jurisdiction under section 228 of Cri. P.C.

(2.) In Criminal Case the learned J.M.F.C. had initiated proceedings on a police-charge sheet. During the course of the proceedings before the learned Chief Judicial Magistrate it appeared that the offence disclosed was punishable under section 307 IPC and, therefore on 7th December 1978 the case was committed to the Sessions Court. When the Sessions case was heard before the learned Additional Sessions Judge on 5th September 1979, the learned Additional Sessions Judge was of the opinion that the offence was not exclusively triable by the court of Sessions and, therefore, he passed an order transferring the case for trial to the Chief Judicial Magistrate under section 228(1)(a), Cri. P.C.

(3.) The learned Chief Judicial Magistrate instead of trying the case himself, transferred the case to J.M.F.C. who tried the case and acquitted the present three petitioners and convicted three others. Against the conviction of those three accused, Criminal Appeal No 35/82 was preferred before the learned Sessions Judge, Banaskantha. At the hearing of that appeal it appeared that the proceedings before the learned J.M.F.C. were not legal and were without jurisdiction. Therefore the Sessions court took the order of acquittal against the present three petitioners in suo motu revision and issued notices to the present petitioners and after hearing them, the Sessions Court held that the transfer of the case by the Judicial Magistrate to the Judicial Magistrate and trial and disposal of the case by the latter was without jurisdiction and, therefore, set aside the acquittal of these petitioners and sent the matter back for trial according to law before the learned Chief Judicial Magistrate and directed the accused to remain present before the Chief Judicial Magistrate on 13th June 1983. The learned Sessions Judge has also observed that these petitioners have given a written purshis that whatever order is passed in Criminal Appeal No. 35/82 is acceptable and binding to them.