MUNDRIKA SINGH Vs. MARNI KUMARI

JUDGEMENT

(1.) A complaint was filed by the opposite party against the petitioner and a few others on 3-10-1966 alleging offences under sections 418, 419, 420 and 467 of the Indian Penal Code. Cognizance of the offence was taken on 13-8-1968 and the matter was sent to a magistrate for inquiry under Chapter XVIII of the Code of Criminal Procedure, 1898. Some witnesses were examined by the Judicial Magistrate and by the impugned order dated 26-4-1974 passed in Case no. 4090 of 1966, the learned Judicial Magistrate committed the petitioner and the other accused persons to take their trial for the offences under section 418, 419, 420 and 467 of the Indian Penal Code before the court of session.

(2.) Learned Counsel for the petitioner has submitted that under the new Code which came into force on 1st April, 1974, offences under sections 418, 419, 420 and 467 of the Indian Penal Code are triable by a magistrate of the first class. According to learned Counsel on 26-4-1974 when the impugned order was passed, the learned Magistrate could not commit the accused person to the Court of Session for these offences.

(3.) Section 484 of the Code provides that