EMPEROR Vs. LAKSHMAN CHAVJI NARANGIKAR

JUDGEMENT

(1.) This application raises a question of some importance under Section 526 of the Criminal P. C.. On September 25, 1930, a disturbance took place at Chirner, thirteen miles from Panvel, forty-seven accused were sent up before the Magistrate, and on January 31, 1931, were committed by him for trial before the Sessions Court of Thana under Secs.120B(1), 147, 148, 149, 224, 302, 332, 379, and 395 of the Indian Penal Code. The trial would have taken place at Thana with a jury.

(2.) On February 12, 1931, the following notification, No. 8252-2 dated February 5, 1931, was published in the Bombay Government Gazette- Under Section 193(2) of the Criminal P. C., 1898 (V of 1898), the Governor in Council is pleased to direct that Mr. N.R. Gundil, LL.B., Assistant Judge and Additional Sessions Judge, Thana, shall try the case known as the Chirner Riot Case, which has been committed to the Sessions by Mr. R.R. Sonalkar, a Magistrate of the First Class in the district of Kolaba, and under Section 9(2) of the said Code he is further pleased to direct that Mr. Gundil shall hold his Court for the trial of the said case at Alibag.

(3.) A trial at Alibag would be with assessors.