GAJAR CHINNA HANUMIHA Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) THIS is an application in revision by the accused in case in which he stands charged with having contravened the provisions of Section 3, Hyderabad Cinematograph Act (VIII of 1348 F.) hereinafter referred to as the Act. The accused before the commencement of the trial raised a preliminary objection that the learned Magistrate of Jogipet had no jurisdiction to take cognizance of the charge inasmuch as the only authority mentioned in S. C of the Act was the licensing authority and the licensing authority in Section 4 of the Act is mentioned to be the Taluqdar (Collector of the District.) Therefore the Taluqdar will be deemed to be the person who can lawfully impose the fine as provided in Section 6 of the Act in case the contravention of provision of Section 3 be held as proved. This argument did not find favour with the learned Magistrate. Consequently he overruled the objection and ordered the trial to proceed.

(2.) IN this revision the same argument has been repeated before us, in our opinion it is devoid of any force. Section G of the Act provides: