BRIJ BEHARI DAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS revision is directed against the order dated 20-8-1975 of the Addl. Sessions Judge, Ballia in Cr. Revision No, 57 of 1974 by which he rejected the revision against the order dated 19-3-1974 of the Addl. District Magistrate (Judicial), Ballia in Cr. Revision No. 12 of 1972. A revision was then filed before the Addl. District Magistrate (Judicial) Ballia in a ease under Section 145, Cr. P. C. which was decided by the S. D. M. Ballia by his order dated 10-11-1972. An objection was raised before the Addl. District Magistrate (Judicial) Ballia that the revision was not entertainable by him in view of the Government Order No P8690/ ii-C-554/1961 dated September 29, 1967 (Appointment C Department), The Addl. District Magitsrate (Judicial) rejected that contention and ordered the case to be proceeded with. A revision was then filed before the Sessions Judge, Ballia which was ultimately decided by the Addl. Sessions Judge, Ballia by the impugned order. It is not clear from the record but the learned Counsel for the applicant informs that this revision before the Sessions Judge was filed before 1st of April, 1974.

(2.) THE only point that arises for decision is as to whether the Addl. District Magistrate (Judicial) was empowered to entertain the revision against the orders passed by the Executive Magistrate under the scheme of Separation of Judiciary from the Executive contained in the aforesaid G. O. There appeared to be no direct authority on this point. I had, therefore, sent for all the relevant papers from the Administrative Department of the Court. Paragraph 3 of the aforesaid G. O. is as follows: (3) Disposal of criminal Case work.

(3.) THE present position is that Judicial Officers deal with all cases under the I. P. C. and are also empowered to take cognizance, under Clause (a) and Clause (b) of Sub-section (1) of Section 190, Cr. P. C. of offences under the I. P. C. They will continue to deal with all such oases after separation from October 2, 1967. The Executive Magistrate will continue to deal with the following cases and miscellaneous work as heretofore: