JAGDHARI KOERI Vs. AMBIKA SINGH

JUDGEMENT

(1.) This is an application for a certificate under Article 132, Clause (1) and Article 134, Clause (1) (c), Constitution of India. It is directed against an order of Agarwala, J. dismissing a petition in criminal revision directed against an order of the Deputy Magistrate, Aurangabad, under Section 145, Criminal P. C.

(2.) The constitutional point raised relates to the validity of the appointment of the Hon'ble Judge. Sir C. M. Agarwala retired as Chief Justice of the Patna High Court on 21-1-1950, that is to say, before the commencement of the Constitution of India. He was appointed to sit again as a Judge of this Court, that is to say, of the High Court which came into existence after the commencement of the Constitution of India, under the provisions of Art, 224, Constitution of India, which provides that

(3.) The relevant definitions of the term High Court as used in the Constitution of India occur in Article 214, Clause (2) and Article 366, Clause (14) of the Constitution.