STATE Vs. RAM PYARI

JUDGEMENT

(1.) This reference is by the learned Sea. J., pointing out that, two cases have been unnecessarily sent up to his Ct. for trial. The 1st case is against Ram Piari and Kishenlal u/Ss. 328/109, I. P. C. The second case is against Jetha Das u/S. 366, I. P. C. On receiving police papers the learned Mag. sent up both the cases to the learned Ses. J., for trial under the provisions of S. 38, East Punjab Public Safety Act. The learned Ses. J., has made this reference pointing out that, the two cases could be disposed of by a Mag. empowered u/S. 30, Cr. P. C.

(2.) Notices were issued to the accused in the two cases and the learned Public Prosecutor. The learned counsel appearing for Kishenlal in on case and for Jetha Das in the Second case and the learned Public Prosecutor have no objection if the cases are decided by a Mag. empowered u/S. 30, Cr. P. C. I understand Mst. Piari is in jail. Notice issued to her has not yet been returned; but I have no reason to suppose that, she will have any serious objection to the trial of her case by a Mag.

(3.) The point raised by the learned Ses. J., came before this Court in Criminal Reference No. 15 of 1950. It was observed in that case :