STATE OF U P Vs. KAILASH NATH MISRA

JUDGEMENT

(1.) S. R. Bhargava, J. This criminal revision by State has arisen from Sessions Trial No. 265 of 1973 - State v. Kailash Nath Misra and others. The revision is directed against order dated 9-li-1982 passed by the Sessions Judge seized of the trial on application 16 7 kha.

(2.) FACTS as they appear from the lower court record are that on 21st November, 1973 after inquiry under Chapter XVIII of the Old Code (Criminal Procedure Code of 1898 the letter of commitment was received. in the Sessions Court and Sessions Trial No. 265 of 1973 was registered.

(3.) THEN reference should be made to Section 484 (2) (a) of the New Code which runs as under; "notwithstanding such repeal, - (a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investi gation pending, then, such appeal, application trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898, (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the Old Code), as if this Code had not come into force : Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;"