MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THE Mining Engineer Jaipur had filed a complaint against Mohan Lal Agrawal petitioner for commission of an offence under s. 21 (1) (2) (4) of the Mines and Minerals (Regulation and Development) Act, 1956 read with Rule 48 of the Mines and Minerals Commission Rules, 1947 in the court of the Sub-Divisional Magistrate Kotputli. On behalf of the petitioner an objection was raised before the Sub-Divisional Magistrate that he had no jurisdiction to try the case because it was only the Judicial Magistrate and not an Executive Magistrate who could try the case. THE Sub-Divisional Magistrate upheld the objection raised on behalf of the petitioner and by his order dated February 27, 1978, dismissed the case. THE State of Rajasthan preferred a revision petition in the court of Sessions Judge, Jaipur District Jaipur and it was urged before the Sessions Judge that the Sub-Divisional Magistrate, Kotputli ought not to have dismissed the complaint and should have taken recourse to S. 201 of the Code of Criminal Procedure and should have returned the complaint for presentation to the proper court with an endorsement to that effect. THE Sessions Judge, accepted this argument advanced on behalf of the State of Rajasthan and by his order dated December 16, 1980 ordered that the case may be sent to the Additional District Magistrate, Jaipur, District Jaipur for trial in accordance with law. This order of the Sessiens Judge, Jaipur District Jaipur dated December 16, 1980 is stated to be contrary to law and without jurisdiction by the petitioner Mohan Lal Agrawal by this revision petition before this court.

(2.) I have heard Shri A. K. Sharma, learned counsel appearing for the petitioner and Mrs. Kamla Jain, the learned Public Prosecutor.