STATE OF M P Vs. KADORE

JUDGEMENT

(1.) This reference made by the Additional Sessions Judge, Damoh, under Section 438 Criminal Procedure Code is directed against an order of Magistrate First Class, Damoh, dated 29-1-1958 by which he held that, in virtue of the powers conferred on him under Section 30 of the Code of Criminal Procedure prior to its amendment by Section 6 of the Cede of Criminal Procedure Amendment Act, 1955 (26 of 1955), he was competent to exorcise those powers in relation to a criminal case instituted after the amendment came into force. The Additional Sessions Judge, Damoh, is of the view that the powers conferred under the unamended Section 30 of the. Code of Criminal procedure cannot be exercised under the new section.

(2.) Section 30 of the Code of Criminal Procedure as it stood before it was amended by Act 20 of 1935 was as follows: "In East Punjab, Delhi, Oudh, the Central Provinces, Coorg and Assam, and in those parts of the other provinces in which there are Deputy Commissioners or Assistant Commissioners, the Provincial Government may, notwithstanding anything contained in Section 29, invest the District Magistrate or any Magistrate of the first class, with power to try as a Magistrate all offences not punishable with death." The new section is as under:

(3.) The Additional Sessions Judge has relied upon the following provisions of Section 116 of Act 20 of 1955 for the view taken by him: "Notwithstanding that all or any of the provisions of this Act have come into forte in any State. (a) the provisions of Section 14 or Section 30 or Section 345 or Section 146 of the principal Act shall not apply to or affect, any trial or other proceeding which, on the date of such commencement, is pending before any Magistrate, and every such trial or other proceeding shall be continued and disposed of as if this Act had not been passed; but, save as aforesaid, the provisions of this Act and the amendments made thereby shall apply to all proceedings instituted after the commencement of this Act and also to all proceedings pending in any Criminal Court on the date of such) commencement." Reading together Clause (a) and the last part of Section 116 ibid it would appear that the new Section 36 applies to all proceedings instituted alter the commencement of Act 26 of 1935. This means that in all such proceedings, the powers to be exercised under Section 30 must be limited to those provided by the new section. In other words, a Magistrate empowered under Section 30 cannot, unlike under the old Section 30, now try offences punishable with imprisonment for life or with imprisonment for a term exceeding seven years.