HARBALLAV SINGH Vs. STATE

JUDGEMENT

(1.) This reference has come to this Special Bench under Rule 1 of Chapter V of the Rules of this Court. The reference raises the question if the right given to an accused person under proviso (a) to Section 350(1) of the Code of Criminal Procedure is available to persons against whom proceedings under Section 110 of the Code of Criminal Procedure are pending; in other words, the question is if proviso (a) to Section 350(1) of the Code of Criminal Procedure applies to a proceeding under Section 110 of the Code.

(2.) The reference has come to this Bench in the following circumstances. A proceeding under Section 110 of the Code of Criminal Procedure was initiated so far back as the 7th of December, 1948 against a number of persons. That proceeding continued before a Magistrate exercising first class powers named Mr. P. Khan. An application for a transfer of the case from the file of Mr. Khan was made to this Court, and the application was dealt with in -- 'Criminal Misc. No. 111 of 1952, D.00 25-4-1952 (Pat) (A)'. Reuben J. (as he then was) passed the following order on the application:

(3.) Mr. Murtaza Fazl Ali has appeared as 'ami-cus curiae' and presented the case of the petitioners before the learned Sessions Judge. We are much indebted to him for the assistance which he has given. These petitioners have not appeared before us in support of the reference. The learned Advocate-General has argued for the State of Bihar and as he had to leave Patna on some urgent piece of work, he has been followed by Mr. K. P. Varma on behalf of the State of Bihar.