BHARTU KHEM RAM Vs. STATE

JUDGEMENT

(1.) This petition raises the question whether Mr. Kalia, a Magistrate of the first class at Gurgaon, was exercising powers under Section 30, Criminal P. C. on 22-71955.

(2.) Mr. Kulia, a Magistrate of the first class in the Karnal District, was invested with enhanced powers under Section 30, Criminal P. C. on 17-10-1952. He was transferred to Gurgaon two years later and on 30-12-1954 the State Government issued a notification under Section 12, Criminal P. C. appointing him a Magistrate of the first class in the Gurgaon District. No notification was issued under Section 30, Criminal P. C. On 22-7-1955 Mr. Kalia convicted the petitioners in the present case under Section 307/34, Penal Code and sentenced each one of them to four years' rigorous imprisonment. The question is whether by investing Mr. Kalia with powers of a Magistrate of the first class in the Gurgaon District and by omitting to invest him with, enhanced powers under Section 30, Criminal P. C. the State Government can be said to have directed that he shall not exercise enhanced powers under Section 30, Criminal P. C.

(3.) The notification of 17-10-1952 does not define the limits within which powers under Section 30 were to he exercised by Mr. Kalia and, in the absence of such definition, it must be assumed that his jurisdiction and powers were to "extend only to the limits of the Karnal District (Section 12 (E) ).