GAJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a reference by the Sessions Judge, Jaipur City, Jaipur vide his order, dated, 23rd September, 1982.

(2.) On the report of Ishwar Singh Nathawat 29th July, 1982 a case under Section 302 Indian Pena Code was registered against Giriraj and others at police station Sodala. During the investigation of the case, the appellants Giriraj, Lokesh, Ram Singh and Shashi Paliwal surrendered before the Judicial Magistrate No.4, Jaipur District Jaipur. Who sent them to police custody. These applicants submitted an application for bail under section 439 Criminal Procedure Code before the Sessions Judge, Jaipur City, Jaipur. The learned Public Prosecutor raised on objection that the Court of Judicial Magistrate No.4, Jaipur District, Jaipur is under the administrative control of Sessions Judge, Jaipur District, the case in hand can be committed by the Judicial Magistrate No.4, Jaipur District, Jaipur to the Court of Sessions Judge, Jaipur District Jaipur only and in this view the bail application filed by the applicants does not lie in this court and the Sessions Judge. Jaipur City, Jaipur has no jurisdiction to dispose of this bail application. On the objection the Sessions Judge board both sides and made this reference on the following points:

(3.) Whether die appeals and revisions against the order of Judicial Magistrate No.4, Jaipur District or any other Magistrate under the administrative control of Sessions Judge, Jaipur District would lie to the court of Sessions Judge Jaipur City merely because the offence has been committed within the jurisdiction of his Sessions Division or the Police Station which has filed challan in such cases, is situated in Jaipur City? 3. I have heard at length the learned counsel Shri N. C. Chaudhary, Shri R. P. Garg for the complainant and learned Public Prosecutor.