IBADAT HUSAIN Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal from a judgment of Chaturvedi J., dated 4-8-1955, dismissing a petition under Article 226 of the Constitution. The facts are these:

(2.) By a Notification dated 23-2-1953, made tinder Section 14 of the Criminal P. C. 1898, the Governor conferred upon the Regional Transport Magistrate, Allahabad the power to try at Allahabad all cases under the Motor Vehicles Act, 1939 arising within the districts of Allahabad, Mirazpur, Pratapgarh, Sultanpur and Fyzabad. In January, 1955, an enforcement Squad Officer of the State Transport Department reported that the petitioner had contravened the provisions of the Motor Vehicles Act by carrying more goods and passengers than he was authorised to do, and proceedings against him were sub-sequently commenced in the court of the Regional Transport Magistrate at Allahabad. The appellant thereupon filed the petition out of which this appeal arises in which he sought the issue of a writ in the nature of certiorari quashing the aforesaid Notification on the ground that the Governor had no power to fix the place at which a case shall be tried by a Special Magistrate.

(3.) It is not now contended that the Governor lacked the power under Section 14 of the Criminal P. C. to confer on the Regional Transport Magistrate the power to try cases under the Motor Vehicles Act arising within one or more districts of the Uttar Pradesh; the only question is whether the Governor could prescribe the place at which such Magistrate shall sit for the purpose of trying such cases.