BHOLANATH GHOSH Vs. STATE

JUDGEMENT

(1.) This Revisional petition is directed against the order of a learned Additional District Magistrate of Hooghly dated 19th February, 1965, reversing the order of the learned Sub-divisional Magistrate dated 2nd January, 1965, by which the learned Sub-divisional Magistrate accepted the cause shown by the surety in a matter under Section 514, Cr. P. Code. The Additional District Magistrate heard the appeal from the order of the Sub-divisional Magistrate and directed that the full amount of the penalty, namely. Rs. 2,000 was to be realised from the surety.

(2.) The matter was heard by Niyogi, J. sitting singly but he placed the matter before the Hon'ble the Chief Justice for making a reference to a larger Bench on the ground that the decision on the point of a Judge of this Court sitting singly was in conflict with the decision of a Division Bench of the Madhya Bharat High Court reported in Vallabhadas v. State of Madhya Bharat, AIR 1955 NUC (MB) 2096. The matter has now come up before us.

(3.) Sitting singly I held that although an Additional District Magistrate might have been duly appointed under Section 10 (2), Cr. P. C. to be an Additional District Magistrate with all the powers of a District Magistrate under the Code, an Additional District Magistrate had no power to hear appeals under Section 515, Cr. P. Code: Prafulla Kumar Saha v. The State, Cr. Revn. No. 121 of 1963 (Cal), (unreported). It was held by the Division Bench of the Madhya Bharat High Court, AIR 1955 NUC (MB) 2096 as follows: