BEE BNN AND CO Vs. STATE

JUDGEMENT

(1.) THIS is an application for transfer in 24 criminal cases mentioned annexure-A to the application, pending on the file of Sub Judge Judicial Magistrate 1st class Ramban. All these cases have arisen under the Motor Vehicles Act, 1939 within the territorial jurisdiction of the said Judicial Magistrate.

(2.) THE only point canvassed before us in support of the transfer was that the Judicial Magistrate Ramban has no jurisdiction to try these cases. The objection is founded on the plea that by Notification SRO No. 274 dated 3. 7. 1971 and SRO No. 467 dated 4th October, 1971 issued under Section 14 (1) of the Code of Criminal Procedure two special Judicial Magistrates by nam e with concurrent powers have been appointed for the Sessions Division of Jammu Kathua Doda and Udhampore for the trial of offences under the Motor Vehicles Act, 1939 till further orders who alone it is asserted, are competent to try such cases arising from these Sessions Divisions which include the Ramban area as well.

(3.) SECTION 29 of the State Code of Criminal Procedure as amended by the J. and K. Separation of Executive and Judicial Functions Act, 1966 reads as follows: Offences under other laws: (1) Subject to the other provisions of this Code any offence under any other law shall, when any court is mentioned in this behalf in such law be tried by such Court: Provided that if the court so mentioned is a Court specified in Col. (1) of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in Col. (2) thereof. TABLE Name of Court Specified in the Law (1) Court by whtriable (2) 1. Chief Presidency Magistrate2. Presidency Magistrate3. District Magistrate4. Magistrate of the first class5. Sub-Divisional Magistrate6. Magistrate of the second class7. Magistrate of the third class8. Magistrate (except where it occursin any expression mentioned above) Chief Judici Judicial Mag of the first Judicial Mag of the secon Judicial Mag (2) When. no court is so mentioned, it may be tried by the High Court or subject as aforesaid by any Court constituted under this Code by which such offence is shown to be triable in the 6th column of the Second Schedule under the heading offences against other laws.