STATE OF M P Vs. SHIVNATH SHORDA

JUDGEMENT

(1.) THIS order shall govern the disposal of both the revisions mentioned above. The office having pointed out certain difficulties on an important question of law, this Court thought it proper to register the case as Criminal Revision and, therefore, we are exercising powers suo motu in order to resolve the important question of law.

(2.) UNDER section 7 (2) of the Criminal Law Amendment Act, 1952, the state Government is empowered to constitute Courts of Special Judges for the areas within which the offence specified in sub-section (1) of section 6 is committed or where there are more Special Judges than one for such area, the state Government is empowered to direct the trial by any particular Special judge as may be specified in that behalf. Section 8 of the Act provides that a special Judge may take cognizance of offences without the accused being committed to him for trial and in trying the accused persons, the Special Judge is to follow the procedure prescribed by the Code of Criminal Procedure for the trial of warrant cases by Magistrate. Therefore, the resultant position is that save as provided in sub-section (1) of section 7 of the Act, the provisions of the Code of Criminal Procedure, 1898, are applicable so far as they are not inconsistent with the Criminal Law Amendment Act, 1952, and for the pur-pose of the said provision the Court of Special Judge is to be deemed to be a Court of Sessions Trying cases without a jury or without the aid of assessors and the person conducting a prosecution before Special Judge is to be deemed to be a Public Prosecutor. It is also provided that in particular and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of section 350 of the Code of Criminal Procedure, 1898, so far as may apply to the proceedings before a Special Judge and for the purposes of the said proceedings, a Special Judge is to be deemed to be a Magistrate. The word 'area' occurring in sub-section (2) of section 7 of the Criminal Law amendment Act, 1952, has not been defined. However, taking it in its general sense, it may mean the area over which the Special Judge exercises jurisdiction by virtue of the Notification issued by the State Government constituting the Court of the Special Judge.

(3.) BY Notification No. 3345-4047/xxi-B, dated 5th October, 1963, all Sessions Judges and Additional Sessions Judges within their respective sessions divisions were designated as Special Judges under the Act. For such sessions Judges and Additional Sessions Judges, the area would mean their respective Sessions divisions. Similarly, where a Sessions Judge or an additional Sessions Judge has been appointed a Special Judge for trying cases investigated by the Special Police Establishment, the area would comprise of the revenue district for which he may be so appointed.