AKHARBHAI NAZARALI Vs. MD HUSSAIN BHAI

JUDGEMENT

(1.) CRIMINAL Revision No. 177 of 1959 is a reference by the Addl. Sessions Judge, Ujjain, on an application in revision by the Provident Fund Inspector; Criminal Revision No. 257 of 1959 is an application in revision filed in this Court by the said Inspector himself. Both arise from the orders of the Magistrate, Ujjain, dismissing three complaints by the said Inspector, on the ground that the allegations mentioned in them did not constitute the offences under the respective counts, because, the law creating them had been brought into force after the omissions had been committed,

(2.) THE accused (non-applicants), who are the proprietors of a textile mill at Ujjan, were, in those complaints, charged under three counts:

(3.) THE learned City Magistrate, Ujjain City, has dismissed the complaints on the preliminary ground that the acts alleged did not amount to any offence, as the scheme itself, though deemed to have come into force from September, 1952, was brought into force retrospectively, by a notification made on 28-10-1953. He seems also to have felt that this notification by the Central Government was itself ultra vires of Article 20 of the Constitution. He, however, did not think it necessary to make a reference under Section 432, Cr. P. C. , to the High Court, because the Scheme is not "an Act, Ordinance or Regulation".