PREM SINGH Vs. STATE

JUDGEMENT

(1.) This judgment will govern Criminal Revision Nos. 20,23 and 32 of 1985.

(2.) The petitioners in the aforesaid Criminal Revision Petitions seek reconsideration of the judgments of this court in Duni Chand v. Smt. Nirmala Devi, 1983 0 SrinagarLJ 347 delivered by Shri V. Khalid, Chief Justice, as his Lordship then was, and of State v. Shafiq Ahmed, 1984 Srinagar LJ 273 delivered by me. That is why the petitions have been put up before this Bench.

(3.) In Duni Chand's case (supra) Shri V. Khalid C. J. referred to S. 30 of the Criminal Procedure Code as amended and opined that an offence under S. 494, R.P.C. for which sentence provided is 7 years could be tried by the Chief Judicial Magistrate irrespective of the fact that in the schedule to the Code an offence under S. 494 R.P.C. is exclusively triable by a Court of Session.