SHORI LAL Vs. STATE

JUDGEMENT

(1.) This is a reference made by the learned Sessions Judge of Lucknow recommending that the appeal filed in his Court by one Shori Lal in respect of an offence which is alleged to have been committed in the district of Dehra-Dun be ordered to be received by the learned Sessions Judge of Dehra Dun.

(2.) It appears that Shori Lal, son of Quran Datta Mal, an assistant station master of Doiwala, was tried by Shri Girja Shankar Misra, Special Magistrate, U. P. with his headquarters at Lucknow, for an offence under Section 161, Penal Code. The trial was held by the learned Magistrate at Lucknow. The offence was alleged to have been committed at Doiwala, district Dehra Dun. On 5-7-1950, he was convicted of the offence under Section 161, Penal Code, and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500 or in default of payment of the fine to undergo rigorous imprisonment for a further terms of six months. Against his conviction Shori Lal preferred an appeal on 11-7-1950 in the Court of the Civil and Sessions Judge of Dehra Dun, who was also the Additional Sessions Judge of Saharaupur at Dehra Dun. After hearing Counsel for the appellant the learned Additional Sessions Judge returned the memorandum of appeal on 18-7-1S50, with the following order :

(3.) It is clear that the offence under Section 161, Penal Code is said to have been committed at Doiwala, district Debradun. Further, it is clear that Shri Girja Shankar Misra has been appointed a Special Magistrate with powers of a Magistrate of the first class to try, or commit, cases of the Special Police Establishment, throughout the United Provinces. The relevant notification is Home Department (Criminal) Notification No. 2787/ VI-342-1949 dated 27-9-1949. It reads thus :