LALLOO LAL Vs. STATE

JUDGEMENT

(1.) THE following question has been referred to this Bench by a learned Single Judge. "whether is was competent for the Government in exercise of its powers under sec. 10 (2) read with sec. 39 Cr. P. C. to invest powers under sec. 515 Cr. P. C. in the Additional District Magistrate to hear appeals or revisions from orders passed under sec. 514 Cr. P. C. and whether sec. 10 (2) is controlled by sec. 37 of the Criminal Procedure Code". THE facts which have given rise to this reference are these. A First Class Magistrate of Jaipur passed an order under sec. 514 Cr. P. C. against one Laloolal who filed an appeal against it in the court of the District Magistrate, Jaipur. This appeal was transferred by the District Magistrate to the Additional District Magistrate on whom the powers of the District Magistrate under sec. 515 Cr. P. C. namely to hear appeals from or revise orders passed under sec. 514 Cr. P. C. had been conferred by the State Government under Notification No. F. 1 (10) 1/j/b/57/183 dated 23rd of January 1957. THE Additional District Magistrate heard the appeal and dismissed it. Laloolal then filed an application under sec. 435 Cr. P. C. to the Sessions Judge challenging the validity of the above notification On this application the Sessions Judge made a reference to this Court under sec. 438 Cr. P. C. expressing the opinion that the power under sec. 515 Cr. P. C. cannot be conferred on an Additional District Magistrate. THE reasoning given by him is that an Additional District Magistrate being also a Magistrate subordinate to the District Magistrate an appeal would lie to him from an order passed by the Additional District Magistrate under sec. 514 Cr. P. C. and the term District Magistrate under sec. 515 Cr. P. C. cannot therefore be deemed to include an Additional District Magistrate.

(2.) ON the above reference the learned Single Judge formulated the question which has been referred to this Bench.