KALICHARAN DIXIT Vs. KRISHNA CHANDRA SHASHTRI

JUDGEMENT

(1.) THIS is a reference by the first Additional District and Sessions Judge, Bhind, on the ground that the trial Magistrate has no jurisdiction.

(2.) THE accused took an objection before the trial Magistrate that he could not take cognisance of this case for he had not been specially empowered under section 190(a) of the Code of Criminal Procedure. The Magistrate admitted that he was not specially empowered but held that he was competent to try the case as there was no mala fides in taking cognisance of the case.

(3.) THE Madhya Bharat notification published in the gazette dated December 23, 1954 which specially empowered all Magistrates under section 190, Criminal Procedure Code, to take cognisance continues to remain in force in the territories of the former Madhya Bharat State.