HEM SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Hemsingh, Kolia and Thana against an order of the Additional Sessions Judge, Jodhpur, dated the 21st of April, 1955.

(2.) THE facts giving rise to it are that six accused including the three petitioners were challaned by the police in the court of the Sub-divisional Magistrate, Jodhpur, under sec. 397 I. P. C. THE case was transferred to the court of Additional First Class Extra Magistrate, Jodhpur. After making an inquiry he committed Kanaram Surja and Kheraj to the court of the learned Sessions Judge, Jodhpur, for standing their trial under sec. 395 and 397 I. P. C. THE petitioners were discharged by him. After committal, the learned Sessions Judge transferred the case to the Assistant Sessions Judge on 8th of Jan. , 1955. On 15-1-1955 the Public Prosecutor presented an application to the Additional Sessions Judge under secs 436 and 437 Cr. P. C. , It was urged that the three petitioner were wrongly discharged by the committing court, that its order should therefore be set aside and it should be directed to commit the petitioners also to the court of Additional Sessions Judge On a notice being given to the petitioners, they raised an objection that the Additional Sessions Judge had no jurisdiction to entertain the application unless it was first filed before the Sessions Judge and then transferred to the court of the Additional Sessions Judge. This argument was turned down by the Additional Sessions Judge and it was held that by virtue of sec. 438 (2) Cr. P. C. he could hear the application. THE petitioners are dissatisfied with this order and, therefore, they have come to this Court. ,