HYDERABAD STATE Vs. CHANDAR

JUDGEMENT

(1.) THIS is a reference by the Magistrate of Nalourg, wherein a legal question has been referred to this Court, for proper direction. The facts, as they appear from the letter of reference, are that a person was challaned for contravention of Section 272, Hyderabad Penal Code. which section is similar to Section 832, Indian Penal Code. The act is alleged to have occurred at a place called Deygaon in Tuljapur Taluka, and the date of the occurrence is said to be 28th Mehar 1359f. , (28-8 1949 ). The case is at the argument stage and an objection on behalf of the accused has been raised that as the village, where the crime is alleged to have been committed, has been transferred to the Bombay State, the Court in the Hyderabad State has lost jurisdiction. Reliance is placed on Articles 225 and 330 of the Constitution of India The Magistrate appears to agree with the contention and is of opinion that the proceeding should be terminated.

(2.) IN this connection it is necessary to ascertain the circumstances in which the transfer took place. On 23-1-1950, an agreement relating to the mutual exchange of enslaves was entered into between the Governor-General of India and the Nizam of Hyderabad. By Article 1 of the Agreement, among other things, the term 'hyderabad Enclaves in Bombay' has been defined as the area specified in Part B of the Schedule attached to the Agreement. Item 9 of this Part B enumerates the villages in the Tuljjapur Taluka, in Osmanabad District and the village Deygaon appears in the lists of the villages so specified. By Clause (a) of Article 2 of the Agreement, the Hyderabad enclaves in Bombay were to cease to form part of Hyderabad and were to be included in and form part of the territories of the Dominion of India from the appointed day. This day has been defined under Article 1 of the Agreement to mean 25 1-1950. Later the Governor. General promulgated an Order which is called the India and Hyderabad Exchanges of Enclaves Order, 1950. By Section 2 of this Order the Hyderabad enclaves in Bombay were included and made part of the Province of Bombay and this term according to Section 2 (e) of the Order is to have the same meaning as that of the Agreement. It is, therefore, clear that the transfer of the enclaves became effective before the Constitution of India came into force. The articles relied upon by the Magistrate refer to transfers after the Constitution came into force and are, therefore, inapplicable be a case where it has become effective before the Constitution came into force. It is also clear that before the transfer became effective the Magistrate of Naldurga has become vested with the jurisdiction to proceed with trial of the case. The question which has to be determined is, what are the effects of the subsequent transfer of territory on the jurisdiction of a Court in cases pending before it.

(3.) THERE are two cases of the Allahabad High Court which support the view that such a transfer of territory does not affect the vested jurisdiction of a criminal Court. The first is Emperor v. Ganga, 84 ALL. 451 : 13 Cr LJ. 525, and the other is Emperor v Ramnaresh Singh 34 ALL. 118 :