CHHOTEKHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners against the judgment passed by the Additional Sessions Judge Rajgarh, rejecting the appeal filed by the petitioner -appellants, dated 6 -2 -1978.

(2.) THE present petitioners were prosecuted for offences under sections 147, 148, 447, 323/149 IPC alleged to have been committed on 7 -3 -1969. The incident is alleged to have happened at village Mehari, police Station Khujner, Tehsil Sarangpur. As the Court of the Judicial Magistrate First Class Biaora had jurisdiction to try the cases arising out of the jurisdiction of Khujner police Station the case was tried by the judicial Magistrate First Class Biora when by his judgment dated 8 -9 -1971 he convicted the petitioners under section 323 IPC and sentenced each of them to two months. R.I, Against this judgment they preferred an appeal to the Sessions Court at Rajgarh and the learned Additional Sessions Judge Rajgarh who heard the appeal finally rejected the appeal by the impugned order saying that as this offence arose at a place which was within the Sarangpur Tehsil and as Sarangpur Tehsil by notification in the Gazette dated 18 -2 -1977 has been transferred to the jurisdiction of the Sessions Division at Shajapur, the learned Additional Sessions Judge sitting at Rajgarh will have no jurisdiction and therefore he rejected the appeal.

(3.) LEARNED counsel appearing for State frankly conceded that he is not in a position to support the judgment of the Additional Sessions Judge rejecting the appeal. According to learned counsel even if the learned Judge came to the conclusion that he had no jurisdiction he could not have thrown out the appeal but should have returned it to be presented to the proper Court. It is also not disputed by learned counsel for State that the Court of Judicial Magistrate First Class had jurisdiction to try the case as the offence arose out of a place falling within the jurisdiction of police station Khujner. He however contended that because Sarangpur Tahsil now falls after 18 -2 -1977 within the Sessions Division at Shajapur and as this offence arose out of a place within the Sarangpur Tahsil, the Court of Additional Sessions Judge at Rajgarh had no jurisdiction to hear this appeal.