ABUL HASAN Vs. REX

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Shahjahanpur arising out of proceedings for the extradition of three persons, Abul Hasan, Abdul Ali and Muhammad Khan.

(2.) A warrant for the arrest of these persons was recived from a Court in Bhopal by the Sub-Divisional Magistrate of Shahjahanpur in April 1949. The Sub-Divisional Magistrate recommended to the Provincial Government the extradition of these three persons to the Bhopal State and pending the orders of Government, committed them to jail. Revision applications against this order of the Sub-Divisional Magistrate were filed before the learned Sessions Judge of Shahjahan-pur who has made this reference thereon.

(3.) Before dealing with this reference, I have to take notice of the fact that in making this reference the learned Sessions Judge has not done his duty at all. He has mentioned four points that arose for decision in connection with the revision applications before him. Instead of exercising his mind and coming to any decision on those points, the learned Sessions Judge merely stated those points and referred them to this Court for clarification. The learned Sessions Judge, in dealing with the revision applications, was required to make a reference to the High Court under Section 438, Criminal P. C. and a reference under that section should contain the recommendations of the learned Sessions Judge. It was for the learned Sessions Judge to go into all the questions that were raised before him and send the reference to this Court with his own recommendations as to the decision on each point.