GHULAM RASOOL DAR Vs. STATE

JUDGEMENT

(1.) These two revision petitions came up for consideration before a Single Judge of this Court Anand J. (as his Lordship then was). His Lordship referred the matter to the Division Bench to consider :- 1. Can the revisional power of the High Court under Sec.435 Cr.P.C. be controlled by the nature of the property involved in the proceedings under Sec.145 Cr.P.C.? 2. Whether such a classification is not hit by Article 14 of the Constitution of India? 3. Whether the powers of the High Court under Sec.439 Cr.P.C. can be controlled by Section 435(4) Cr.P.C.? The aforesaid questions were of considerable importance. Therefore an authoritative pronouncement of a larger bench was required to be given.

(2.) The two revision petitions arise out of the proceedings under Sec.145 Cr.P.C. decided by Executive Magistrates. The land in dispute was covered by the provisions of Agrarian Reforms Act, therefore Executive Magistrates alone had jurisdiction to initiate the proceedings about the dispute under Sec.145 Cr.P.C. and decide the same. This exclusively vesting of jurisdiction in respect of land as defined in the Agrarian Reforms Act, in the Executive Magistrates was by operation of law.

(3.) Section 435(4) was brought to the notice of the Hon'ble ACJ by Mr. S.T. Hussain for the proposition that in respect of lands as defined in the Agrarian Reforms Act, revisional jurisdiction of the High Court is taken away by the said sub-section of S.435 Cr.P.C It may be profitable to reproduce Sec.435(4) Cr.P.C. for proper appreciation of the controversy :- "High Court may call for and examine the record of any proceeding under Secs.118, 122, 143 or 144 notwithstanding the fact that such proceeding was before an Executive Magistrate." Because Sec.145 was omitted in the aforesaid sub-section, therefore a contention was raised that High Court had no jurisdiction to hear revision in respect of orders passed by Executive Magistrates under Sec.145 Cr.P.C. The other side had contended before the Single Judge that High Court's jurisdiction to hear the revisions against the orders of Executive Magistrates under Sec.145 Cr.P.C. was intact by virtue of Sec.439 Cr.P.C. It was also contended that Sec.439 Cr.P.C. was a controlling section. A further contention raised was that if the jurisdiction of the High Court to exercise its revisional jurisdiction would depend on the nature of the property, that would be discriminatory and violative of Art.14 of the Constitution of India.