T S BAJPAI Vs. K K GANGULY

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P. C. 1973.

(2.) ACCORDING to the facts stated in the application, a charge sheet was filed against the applicant by the Sub-Inspector, Special Police Establishment, Lucknow under Section 409, I. P. C. in the court of the Sipecial Magistrate, Anti-Corruption, Lucknow on 28-6-1973. The trial of the applicant was pending when the Code of Criminal Procedure, 1973 came into force on 1-4-1974. The Code of Criminal Procedure, 1973 repealed the Code of Criminal Procedure, 1898 and there is no provision in it corresponding to Section 14 of the Code of Criminal Procedure, 1898. It is mentioned in Section 484 (2) (b) of the Code of Criminal Procedure, 1973 that all notifications -published, proclamations issued, powers conferred, forms prescribed, local jurisdiction defined, sentences passed and orders rules and appointments, not being appointments as Special Magistrates, made under the old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been (published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code.

(3.) IN exercise of the powers conferred by Section 11 (1) of the Code of Criminal Procedure, 1973, the State Government by its Notification No. 1592/vii-A. N. 208/74 dated April 20, 1974 published in the U. P. Gazette, established a common court of Judicial Magistrate of the First Class for all districts of Uttar Pradesh, with its place of sitting at Lucknow to try or inquire into and commit to the court of Session all such cases arising in any local area within the State of Uttar Pradesh in which investigations are-made or charge sheets filed by the Special Police Establishments constituted under the Delhi Special Police Establishment Act 1946 (Act XXV of 1946 ). By Notification No. 91/admn, (B) dated Allahabad May 7, 1974, the High Court of Judicature Allahabad in exercise of the powers conferred by Subsection (2) of Section 11 of the Code of Criminal Procedure 1973 appointed Sri Rama Kant Roy, Chief Judicial Magistrate, Lucknow with effect from 1st April, 1974 as Judicial Magistrate of the First Cass also for all the districts of U. P. with Headquarters at Lucknow to try or inquire into and commit to the court of Session all such cases arising in any local area within the State of U. P. in which investigations are made or charge-sheets filed by the Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (Act No. XXV of 1946 ).