UMA SHANKAR HARI NANDAN AHIR Vs. STATE

JUDGEMENT

(1.) THE Criminal revisions and the special appeal mentioned above have been laid before this Bench for the decision of the ques tion whether the Criminal revisions are competent to be heard at Lucknow and whether Writ Petition No. 193 of 1968 out of which special appeal no. 117 of 1969 arises was wrongly rejected by Sahgal, J. on the ground that the Luck-now Bench could not entertain it.

(2.) THE Criminal Revision No. 396 of 1966 is directed against the judgment and order of the Additional Sessions Judge, Lucknow, dismissing the appeal filed by the applicant challenging his conviction under Ss. 120-B and 420, I. P. C. and the sentences awarded under those provisions by the Special Magistrate post ed at Lucknow. The special Magistrate whose court is located at Lucknow and who tried the case has been specially em powered to try all such cases within the State of Uttar Pradesh. This Court has issued notice to the applicant in Crimi nal Revision No. 396 of 1966 as to why his sentence should not be enhanced. The proceedings arising out of that notice have been separately numbered as Criminal Revision If. 316 of 1968.

(3.) THE decision of the question raised before this Full Bench depends upon the interpretation of Clause 14 of the U. P. High Courts (Amalgamation) Order, 1948. (hereafter called as the Amalgamation Order). That provision reads: