STATE Vs. INDAR SINGH

JUDGEMENT

(1.) THIS is a reference by S. Rajbir Singh Kang, District Magistrate Sangrur. As regards the history of the case, out of which the reference has arisen, it is analogous to that of the case which was the subject -matter of reference No. 70 of mil. made by the District Magistrate, Patiala. The offence was alleged to have been committed on 17 -11 -1949 arid the challan was put in that court of S.D.M. Nabha on 3 -2 -1950. The S.D.M. forwarded it for disposal to the Magistrate II Class, Nabha on that very day. After the case had remained pending in that court for more than two months an objection was taken by the accused's counsel that the Nabha Court had no jurisdiction to try it. On this the magistrate submitted the record of the case on 27 -4 -1950 to the S.D.M. Nabha with the request that the same be transferred to some court in Sangrur. The S.D.M. Nabha accepted the Magistrate's request and by his order, dated 10 -5 -1950, forwarded the record of the case to the District Magistrate Sangrur, who sent it to the court of S. Jawala Nath, Magistrate Ist Class, Sangrur.

(2.) AS in the case of the other reference in the present case too the way in which it was being handled by the various magistrates, including the Sub -divisional Magistrate, Nabha, does not give credit to them and as I pointed out in the previous reference neither of them had any authority to transfer the case from one District to another. The proper course for them was to refer the case for proper orders to this Court. What is particularly regrettable in the present case is that though the reference was made to this Court in the beginning of the year 1951 it could not be disposed of earlier because notice issued to the accused could not be served and the reason for this was that the different police stations to which the notices were sent refused to effect service on the plea that the village to which the accused belonged was not within their respective halqa.

(3.) ACCORDINGLY the reference is accepted and record of the case is sent back to the Magistrate Ist Class Nabha, with the direction that he should dispose it of according to law.