ANTONY D SILVA Vs. STATE

JUDGEMENT

(1.) THE above criminal revision case and criminal miscellaneous petitions arise out of seven cases on the file of the Special First Class Magistrate of Mangalore and involve an important question of jurisdiction. They have been placed before a Bench by order of Govinda Menon J, It is unnecessary at this stage to set out the several charges framed against the various petitioners.

(2.) THE arguments before us proceeded on the footing that there are only two classes of cases involved, that the first charge in C. C. No. 10 of 1947 out of which Cri. R. C. no. 133s of 1947 arises is typical of one of these classes while the other is typified by the second charge in the same calendar case.

(3.) UNDER the first charge the petitioners in Cri. Rule 0. no. 1338 of 1947 are charged with cheating P. w. 13 by sending him certain lottery tickets without running a lottery and thereby inducing him to deliver money which act of cheating was partly committed in South Kanara and partly in Trichur. The accused in this case and in the other cases are residents of South Kanara and therefore "native Indian subjects of His Majesty" within the meaning of the Penal Code. P. w. 13 is a resident of Trichur. Under the second charge which is also under Section 420, Penal Code, the acoused are charged with selling to P. w. 10, a resident of Travancore through p, W. 9 also a resident of Travancore, certain lottery tickets without running a lottery and thereby inducing the former to part with money. It is Slid to have been committed partly in South Kanara and partly in Travancore.