JADDU Vs. STATE

JUDGEMENT

(1.) Five persons, namely Jaddu, Mangal, Ram Naresh, Sadal and Sukhai, were convicted under Section 15, U.P. Private Forests Act, 1948 (U.P. Act No VI of 1949) and sentenced to pay a fine of Rs. 100 each by Sri Shah Masud Alam, Magistrate first class, Gonda. The aforementioned applicants went up in revision before the learned Sessions Judge, Gonda, and the sole point that was agitated before him was that the trial of the applicants by the first class Magistrate being in contravention of Section 15, U.P. Private Forests Act, 1948, was ultra vires and void. The learned Sessions Judge accepted this argument and has made a reference to this Court for quashing the order of conviction and sentence passed by the learned Magistrate against the applicants and for ordering a fresh trial of the case.

(2.) Having heard the learned counsel for the parties I am of opinion that this reference must be accepted. Section 15 (2), U. P. Private Forests Act prescribes the forum for the trial of such offences. It runs as follows :

(3.) On behalf of the State, however, it is argued the word 'triable' in Section 15 (2) does not mean that a Magistrate of the first class is not competent to try the said offence. My attention is also invited to Schedule II, Criminal P. C., under which any offence punishable with imprisonment for less than one year or with fine only is made triable by any Magistrate. It is further submitted that under Section 15 (1) the offence in question being the first offence was not punishable with fine exceeding Rs. 100 and hence under Schedule II, Criminal P. C. any Magistrate could try the same. This argument seems to ignore Section 29 (2), Criminal P. C., under which an offence can be tried as shown in the eighth column of the Schedule II, Criminal P. C. only when no Court is specified by the special law made in that behalf as the Court where such offence should be tried. Sub-clause (1) of the said section further clarifies it by stating that where the special law has specified a particular Court where that offence has to be tried then the said offence shall be tried by such Court. Section 29, Criminal P. C. runs as follows :