KUMAR SINGH CHHAJOR Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by special leave from an order of the High Court of Judicature at Fort William in Bengal, made on the 24 August 1943. By its order the High Court directed that the convictions and sentences passed on the appellants by Mr. S. Chaudhury, acting as a special magistrate under the Special Criminal Courts Ordinance, 1942, be set aside, and that the appellants be retried in the district of Hooghly.

(2.) The facts leading up to the appeal can be stated shortly. In January, 1943, the accused were tried on a charge of dacoity under section 395 of the I. P. C. by Mr. Chaudhury acting as such special magistrate as aforesaid. On 19 January, 1943, they were acquitted on the charge under section 395, but were convicted under section 403 of the offence of misappropriation and sentenced to pay a fine of Rs. 50 each. Subsequently, the High Court at Calcutta, of its own motion, called for the record of the case, and on the 24th August, 1943, a bench consisting of the Chief Justice, Mr. Justice Khundkar and Mr. Justice Lodge, set aside the convictions and sentences passed upon the appellants and ordered that they be retried in the district of Hooghly. The ground upon which this order was made was that in the view of the High Court there had been improper interference by the executive authority with the course of justice.

(3.) The only question upon which their Lordships have heard an argument is as to whether the High Court had jurisdiction to make the order which it did make, and the grounds upon which the order was based do not call for discussion. Their Lordships would, however, observe that if they were satisfied that the order of the High Court was within its competence they would be very slow to interfere with the manner in which the High Court saw fit to exercise its jurisdiction.