STATE Vs. DATTATRAYA TULSHIRAM BHUJBAL

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge, Poona, recommending that the order of commitment made by the Judicial Magistrate, First Class, 8th Court, Poona, committing the accused Dattatraya Tulshiram Bhujbal to stand his trial for an offence under Section 366, Indian Penal Code, be quashed and that the Magistrate be directed to deal with the case in accordance with the provisions of Section 549 of the Code of Criminal Procedure and the Rules framed thereunder.

(2.) THE accused Dattatraya Tulshiram Bhujbal was charge -sheeted before the Judicial Magistrate, First Class, 8th Court, Poona, with having committed an offence punishable under Section 366, Indian Penal Code. The prosccution examined one Shakuntala, who was alleged to be below the age of 18 years, in support of the case that the accused had committed the offence, The learned Magistrate on a consideration of the evidence of Shakuntala and other prosecution witnesses held that there was prima facie evidence against the accused and directed that the accused be committed to the Court of Session at Poona to stand his trial on a charge under Section 366 of the Indian Penal Code,

(3.) IT appears from cls. 3 and 4 that the jurisdiction of a Magistrate to convict, acquit, to frame a charge or to commit an accused person subject to Military, Naval, or Air Force law, when the accused is charged with an offence for which he is liable to be tried by Court -Martial, is severely restricted. The Magistrate has no jurisdiction to try or enquire into an offence for which the accused is liable to be tried by Court Martial, unless the Magistrate is of opinion that he should proceed without being moved by a competent Military, Naval or Air Force authority. Before he proceeds to try or enquire into the case against the accused without being moved by a competent Military, Naval or Air Force authority the Magistrate must give intimation to the competent authority in the manner prescribed by cl. 4.