AMARSINGH Vs. LIKHMICHAND

JUDGEMENT

(1.) THIS is a reference made by the Additional Sessions Judge, Jodhpur, in a case against one Amar Singh and four others for offences under ss. 392, 342 and 323 of the Marwar Penal Code, which was being inquired into by the First Class Magistrate, Sojat. The Magistrate had issued a bailable warrant for the appearance of Amar Singh in his Court. Amar Singh thereupon filed an application for revision in the Court of the Additional Sessions Judge, Jodhpur, and claimed that proceedings against him should be taken according to the special provisions for the trial of Tazimi Sardars laid down in ss. 450, 451 and 456 of the Marwar Code of Criminal Procedure. The learned Sessions Judge has, while accepting the revision application, recommended that the objection of the accused Amar Singh be allowed and that the warrant of arrest issued by the First Class Magistrate, Sojat, be cancelled and that the trial of Amar Singh, if any, should be ordered to be conducted under the special provisions contained in ss. 446, 451 and 456 (2) M. Cr. P. C.

(2.) SHRI Maghraj Bhansali who was appointed amicus curiae to help the court has submitted that in view of the adoption of the Indian Code of Criminal Procedure by the Rajasthan Government, under which special provisions relating to the procedure and tribunal for the trial of Tazimi Sardars contained in the Marwar Code of Criminal Procedure have been done away with, the recommendation of the learned Additional Sessions Judge cannot be accepted. It may be mentioned here that by an Ordinance promulgated by His Highness the Raj Pramukh on the 7th of November, 1949, the Indian Code of Criminal Procedure has been applied to the whole of Rajasthan mutatis mutandis subject to the modifications and amendments laid down therein. By section 16 of the said Ordinance all the Codes of Criminal Procedure in force in the various integrating Units of Rajasthan including the Marwar Code of Criminal Procedure have been repealed, whereby the special provisions relating to the inquiry into or trial of offences committed by the Tazimi Sardars have also been repealed. We are, therefore, faced with the question whether Amar Singh is entitled to be tried under the said provisions of the Indian Code of Criminal Procedure or under the old repealed procedure laid down in the M. Cr. P. C.