STATE Vs. SHAFIQ AHMAD

JUDGEMENT

(1.) Sessions Judge, Srinagar, has made this reference on 9-8-1983 recommending the quashing of an order of commitment dt. 19-4-1983 made by the City Magistrate, Srinagar. Brief facts giving rise to the reference may first be noticed.

(2.) The accused respondent is allegedly involved in an offence punishable under S.409 R.P.C. and a challan against the accused respondent for the said offence was pending in the court of City Magistrate, Srinagar. The learned City Magistrate, vide order dt. 19-4-1983, committed the case to the court of Session for its trial. The learned City Magistrate was of the opinion that under S.30 Cr.P.C. as amended by the Criminal Procedure (Amendment) Act, 1978, offences punishable with imprisonment for a term not exceeding seven years alone could be tried by the Chief Judicial Magistrate and that since the punishment for an offence u/s.409 R.P.C. is life imprisonment or imprisonment up to 10 years and fine, that offence could only be tried by a Sessions Judge. The learned Sessions Judge has made a reference to this court with the recommendation that the order of the City Magistrate dt. 19th April. 1983, be quashed and the case transferred to the Court of Chief Judicial Magistrate, Srinagar, for its trial.

(3.) I have heard learned counsel for the parties and for the reasons, which follow, the order of reference deserves to be rejected.