AMRITRAO UDAYBHANJI KOLE Vs. CHANDRABHAN SABOOJI KAVLEY

JUDGEMENT

(1.) THIS is a petition for revision made by the complainant in proceedings under the Child Marriage Restraint Act (19 [xix] of 1929).

(2.) THE applicant filed a complaint under the said Act on 18-8-1945 in the Court of Mr. R.D. Doongaji who is a Magistrate of the first class. Mr. Doongaji took cognizance of the complaint and later transferred it to Mr. R.S. Malaviya on 11-4-1945. He was succeeded by Mr. Misra who rejected it on the ground that the complaint was barred by time on the date on which the matter came to Mr. Malaviya.

(3.) THESE facts raise several questions of importance. The first is whether either Mr. Doongaji or Mr. Malaviya or Mr. Misra had jurisdiction. It is contended that neither had because under the original Act of 1929 only a District Magistrate or a Presidency Magistrate could entertain such complaints. This jurisdiction was extended to Magistrates of the first class by an amending Act (19 [xix] of 1938). This amending Act was repealed by Act 25 [XXV] of 1942, therefore, it is argued, we are now thrown back to the original position, and Hemeon J. so decided in Criminal Revision No. 574 of 1945.