GHANSHYAM ACHARYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition relates to the jurisdiction of a Sessions Judge in revision against the order passed by the Roadways Magistrate. The facts of the case can be mentioned in brief, only to the extent they are relevant for deciding this petition. The petitioner was a-conductor on bus No. 9112 when it was checked between Chaumahela and Jhalawar on January 29th 1980 and 22 passengers were found to be without ticket. The petitioner was tried by the Roadways Magistrate, Ajmer and found guilty. He preferred a revision petition before the Sessions Judge Jhalawar, but he, by his order dated March 30th, 1989 dismissed the revision saying that he had no jurisdiction to hear the revision as according to him the conviction order had been passed by the Judicial Magistrate (Roadways ). Ajmer and the decision had also been pronounced in the open court at Ajmer.

(2.) IN this petition under Section 482 Cr. P. C. the learned counsel for the petitioner has contended that the Sessions Judge, Jhalawar had jurisdiction to hear the revision as the offence had been committed within his jurisdiction and he should not have refused to exercise his jurisdiction merely because the Judicial Magistrate (Roadways) had his head quarters at Ajmer.

(3.) THE law is settled in this respect and the learned Sessions Judge, Jhalawar wrongly held that he has no jurisdiction to hear the revision on the ground that the decision was that of the Judicial Magistrate (Roadways) Ajmer. THE offence was committed within the jurisdiction of the Sessions Judge, Jhalawar and he is competent to hear the revision against the order of the Roadways Magistrate with head quarters at Ajmer, having jurisdiction which falls within the jurisdiction of the Sessions Judge, Jhalawar.