STATE OF MAHARASHTRA Vs. ABDUL KADAR ISMAIL PAWASKAR

JUDGEMENT

(1.) fey an order dated 25th February 1974 the respondents in this reference ( herein after referred to as the accused) were committed to the Court of Sessions by the then Additional Chief Presidency, Magistrate 3rd Court, Bombay That order of committal was made obviously under the Code of Criminal Procedure 1898. On 1st April 1974 the Code ot Criminal Procedure of 73 came in force. The Sessions Case which was true started pursuant to the order of committal made by the learned Magistrate was numbered as Sessions Case No. 232 of 1974. The learned Additional Sessions Judge to whom (his case was assigned, however, thought that in view of the coming into force of the Code of Criminal Procedure, 1973, the case Must be tried by the Metropolitan Magistrate, He therefore, by his order dated 15th December 1975 sent back the case to the Court of the Chief Metropolitan Magistrate.

(2.) When the learned Additional Chief Metropolitan Magistrate was to take cognisance of the case it was brought to his notice that two decisions which were binding upon him have taken the view, that it is the Sessions Court alone which can try this case One of them is State of Karnataka vs. K. H Annegowda (1) wherein it has been held that a case pending before the Sessions Court for trial on 1-4-74, was liable to be tride in accordance with the old Code because that is the effect of the saving clause contained in section 484 of the new Code The learned Additional Chief Metropolitan Magistrate, therefore, has made this reference for transferring the case to the court of Sessions. The law laid down by the Supreme Court in Annegowda's case compels me to accept the reference made by the learned Additional Chief Metropolitan Magistrate in case No. 1102/P of 1974.

(3.) The case Pending before him shall therefore stand transferred to the Sessions Court at Bombay which will proceed with the same according to the provisions of the Code.