KUMAR SINGH CHHAJOR Vs. EMPEROR

JUDGEMENT

(1.) THIS is an appeal by special leave from an order of the High Court of Judicature at Fort William in Bengal, made on August 24, 1943. By its order the High Court directed that the convictions and sentences passed on the appellants by Mr. S. Chaudhury, acting as a special magistrate under the Special Criminal Courts Ordinance, 1942, be set aside, and that the appellants be retried in the district of Hooghly.

(2.) THE facts leading up to the appeal can be stated shortly. In January, 1943, the accused were tried on a charge of dacoity under Section 395 of the Indian Penal Code by Mr. Chaudhury acting as such special magistrate as aforesaid. On January 19, 1943, they were acquitted on the charge under Section 395, but were convicted under Section 403 of the offence of misappropriation and sentenced to pay a fine of Rs. 50 each. Subsequently, the High Court at Calcutta, of its own motion, called for the record of the case, and on August 24, 1943, a bench consisting of the Chief Justice, Mr. Justice Khundkar and Mr. Justice Lodge, set aside the convictions and sentences passed upon the appellants and ordered that they be retried in the district of Hooghly. THE ground upon which this order was made was that in the view of the High Court there had been improper interference by the executive authority with the course of justice.

(3.) UNDER the special Criminal Courts Ordinance, 1942 (which is hereinafter referred to as "the Ordinance of 1942") it is provided in Section 3 that Courts of criminal jurisdiction may be constituted under the Ordinance consisting of : (1) Special Judges; (2) Special Magistrates, and (3) Summary Courts.