SMT. TAMBO AND ANOTHER Vs. STATE

JUDGEMENT

(1.) By his order dated 20 -3 -1970 Shri R.K. Gupta, Civil and Sessions Judge, Bulandshahr, has made this reference recommending, for reasons given by him, that the judgment and order dated 4 -7 -1969 passed by the Munsif -Magistrate 1st Class, Khurja convicting the two revisionists u/S. 323 read with S. 34 IPC and sentencing each to a fine of Rs. 20/ -, be set aside. The learned Sessions Judge has observed that the learned Judicial Magistrate could not have transferred the case to the learned Munsif -Magistrate as the learned Judicial -Magistrate, when he transferred the case, had not taken cognizance of the case (vide sub -S. (2) of S. 192 CrPC).

(2.) I, however, do not agree with the reasons given by the learned Sessions Judge in support of his view that the provisions of Cl. (f) of S. 529 CrPC are not applicable to the facts of this case. S. 529 Cl. (f) CrPC is as follows: - -

(3.) S. 192 of the CrPC empowers a Magistrate who is a Chief Presidency Magistrate, Distt. Magistrate or SDM to transfer a case of which he has taken cognizance, for the purpose mentioned, to any Magistrate subordinate to him u/sub -S. (1). U/sub -S. (2) a 1st Class Magistrate has been empowered to transfer any case of which he has taken cognizance and to transfer which, he has been empowered by the Distt. Magistrate, for any of the purposes enumerated therein.