ABDUL HAKIM KHAN Vs. BDZRUK ALI KHAN

JUDGEMENT

(1.) This Rule was issued at the instance of the petitioner, Abdul Hakim Khan. The petitioner was tried by a Magistrate exercising first class powers upon a charge of forgery framed under Section 465 of the Penal Code. The learned Magistrate found him not guilty and acquitted him under Section 258 of the Criminal Procedure Code.

(2.) The complainant in the case then moved the Sessions Judge of Backergunge upon the grounds that the document to which the charge related was a valuable security and that the petitioner should properly have been charged under Section 467 of the Penal Code and committed for trial upon that charge to the Court of Session.

(3.) It may be mentioned that an offence punishable under Section 465 is triable by a Magistrate of the 1st Class, while the Court of Session alone is empowered to try the aggravated offence of forging a valuable security, punishable under Section 467.