BHUREKHAN WALIMOHAMMAD KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE question involved in this criminal revision is very short. The Assistant Public prosecutor filed a complaint under Section 156/112 of the Motor Vehicles Act against one Bhurekhan in the Court of the Additional District Magistrate Ujjain, A memo was received by the said Additional District Magistrate that all cases under motor Vehicles Act of 1939 should be sent to the Special Magistrates appointed for the purpose for various Districts. In compliance to this memo the Addl. District magistrate returned the challan for submitting the same to the Magistrate 1st class Indore (appointed as Special Magistrate for trial of cases under the Motor vehicles Act of 1939 ). The State of Madhya Pradesh has now come up in revision challenging this order of return of challan.

(2.) THE contention of the applicant is that the Addl. District Magistrate Ujjain has jurisdi ction to try the offences under the Motor Vehicles Act and the appointment of a special Magistrate under that Act has not deprived the ordinary court of its jurisdiction. There fore instead of returning challan the Addl. District Magistrate ujjain should have tried the case himself.

(3.) THE learned Government Advocate relies on Section 5 (2) of the Criminal procedure Code. It is quoted below:-