VIDYA RAM Vs. GANGA SAHAI

JUDGEMENT

(1.) This is a reference under Section 438, Cr. P. C. by the learned Sessions Judge of Bulandshahr recommending that an order passed under Section 145, Cr. P. C. by the learned Section D. M. of Anupshahr be vacated.

(2.) It appears that one Vidya Ram made a petition under Section 145, Cr. P. C., in the court of the Section D. M. Anupshahr. The S. D. M. appears to have been absent from the station and Sri Jagat Narain Beri, an Honorary Special Magistrate, was in-charge of his work. Sri Beri passed the following order, namely:

(3.) Vidya Ram went up in revision before the learned Sessions Judge and one of the points urged on his behalf was that Sri Jagat Narain Beri was not competent to pass an order in a case which was instituted in the court of S. D. M. Anupshahr. The learned Sessions Judge has repelled this contention and has pointed out that Sri Beri had been placed in charge of the work of S. D. M. Anupshahr and was competent to deal with the case. I agree with the learned Sessions Judge and it is not necessary for me, in view of the finding of fact recorded by him to say anything more on this point.