STATE OF RAJASTHAN Vs. SUKHDEV SINGH

JUDGEMENT

(1.) ON 25 -10 -1949 the Special Police Establishment presented a charge -sheet against Kishorilal, Kalyanmal, Radha Vallabh and Chajulal under Section 7 of Act 24 of 1946. This charge -sheet was presented in the Court of the Stipendiary Magistrate, Shri O. K. Bhagat. Evidence for the prosecution was recorded. Then on 6 -2 -1950 it was urged that as the territory of Pant Piploda had merged with Madhya Bharat, the Court had ceased to have jurisdiction in the case. The learned Magistrate thereupon submitted the file to the District Magistrate, Ajmer for being transmitted to the Chief Secretary, Madhya Bharat for further action. Further proceedings were taken in the Court of the Magistrate at Alote.

(2.) THE prosecution were not satisfied that the Alote Court had jurisdiction in the matter and a motion was made before the High Court of Madhya Bharat. The Hon'ble the Chief Justice passed an administrative order on 16 -8 -1950 directing that the file be sent back for trial at Ajmer. As this was an administrative order, the prosecution moved for a judicial order. The judicial order was passed in 'cri. Revn. No. 79 of 1951 D/ -8 -2 -1952 (Madh B.) (A ). The matter was again considered in 'cri (Misc) Case No. 74 of 1952 (Madh -B.) (B) by a Division Bench of the Madhya Bharat High Court and the learned Judges were pleased to order as under: We are of opinion that the file should be sent back to the Ajmer Court and there the Ajmer authorities will take steps before the Judicial Commissioner to have the order of the First Class Magistrate and the District Magistrate set aside or if the Judicial Commissioner is also of opinion that the Ajmer Court had no jurisdiction after the transfer of Pant Piploda State to Madhya Bharat, then a fresh complaint will have to be filed in the Alote Court.