ZAFAR AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) MR . R.C. Verma, with his usual ability, has raised a point of jurisdiction which was never agitated either before the Magistrate or before the Sessions Judge. However, the point, being one of jurisdiction, can be raised even at the revisional stage in this Court. In the instant case, the Applicants were convicted by Sri Bishal Chand Jain, Special Magistrate I Class, Saharanpur by his judgment and order dated 10 -12 -1965. The conviction was under two counts. Under Section 427 IPC the accused were sentenced to a fine of Rs. 75/ - and in default to undergo three months R.I. each, but Under Section 352 IPC, they were sentenced to a fine of Rs. 25/ - and in default to undergo 20 days R.I. each. Shri Jain had admittedly tried this case summarily.

(2.) THE contention of Mr. R.C. Verma is that summary powers could not have been legally conferred on Shri Jain, inasmuch as he was not a Magistrate of I Class within the meaning of Sub -clause (b) of Section 260(1) Code of Criminal Procedure. The relevant words of the section are:

(3.) ON the other hand Section 14 of the Code of Criminal Procedure speaks of conferment of powers of a Magistrate of the first, second or third class on any particular person or persons, possessing requisite qualifications. Such Magistrates are called 'Special Magistrates'. The argument is that Under Section 12, a particular number of persons are appointed as Magistrates of the first, second or third class in a particular district, while Under Section 14 only the powers of the first, second or third class Magistrates are conferred upon some specified persons, who are called Special Magistrates, but they are not appointed as Magistrates within the meaning of Section 12. Mr. Verma contends that unless and until a person is appointed as a Magistrate, he cannot enjoy summary powers Under Section 260 Code of Criminal Procedure. The argument, though plausible, is without substance, for Clause (2) of Section 14 itself provides that Special Magistrates "shall be appointed for such term as the State Government may by general or special order direct". Thus it is abundantly clear that the Special Magistrates are also appointed by the State Government for a specified term and they are as good Magistrates as anybody else, enjoying the first, second or third clasp powers as the case may be.