GUDDUMAL Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Guddumal and Thuniamal against an order of Sri Devaki Nandan Magistrate first class Kasumpti, dated 24 7 1951, passed in the following circumstances.

(2.) ONE Amichand sued the petitioners on 30 11 1946 for recovery of a loan in the Court of the District Judge of Koti. The petitioners pleaded full satisfaction and filed a receipt in support of the contention. The District Judge decreed the suit on 29 6 1948, holding the receipt to be a forgery. The petitioners filed an appeal against the decree on 30 9 1948 before the Judicial Commissioner. Dr. J. N. Bannerji, Judicial Commissioner, who also exercised powers as a Judicial Committee., acting under a notification of the Chief Commissioner dated 14 1 1949, converted the appeal into an appeal to the Judicial Committee on 17 5 1949 and decided it as such on 24 5 1949, recommending to the Chief Commissioner that the appeal be dismissed and the petitioners prosecuted for filing a forged receipt. The Chief Commissioner accepted the recommendation and passed orders accordingly on 8 6 1949, and directed the file to be sent back to the Registrar of the Court of the Judicial Commissioner for necessary action. On 30 8 1949 a complaint was filed by the District Judge of Mahasu against the petitioners according to the said recommendation, and its cognizance was taken by the said Magistrate. The petitioners applied to him on 9 5 1951 that he had no jurisdiction to do so as the complaint was illegal. The Magistrate rejected the application on 24 7 1951. Against that order the petitioners first went up in revision to the Sessions Judge, and, on the latter dismissing the revision on 27 11 1951, they have now filed the present revision.

(3.) THE Dominion of India was set up on 15 8 1947 by the Indian Independence Act, 1947 (10 and 11 Geo. VI, C. 30). Under this Act, His Majesty's Government in the United Kingdom ceased to have responsibility as respects the government of territories which comprised British India, and which were thenceforward to constitute the territories of the Dominion of India; the suzerainty of His Majesty over the Indian States and all treaties and agreements between them lapsed, leaving it optional with the Indian States to accede to either of the new Dominions; and until the passing of the constitution by the Constituent Assembly provision was made for the government of the Dominion in accordance with the Government of India Act, 1935. On 24 12 1947 was passed the Extra Provincial Jurisdiction Act (47 of 1947), empowering the Central Government to exercise in the areas outside the Provinces jurisdiction and powers acquired or that may be acquired by that Government by treaties, agreements etc., or delegate the jurisdiction to any officer or authority.