RAJARAM Vs. EMPEROR

JUDGEMENT

(1.) THE applicant Rajaram was tried by the Honorary Second Glass Magistrate, Sitabuldi for an offence under Section 324 of the Indian Penal Code, and the Honorary Magistrate was of opinion that he was guilty thereof He accordingly referred the case, purporting to act under Section 349 of the Criminal Procedure Code, to the Magistrate. Nagpur, for disposal. The City Magistrate proceeded to pass orders in the case and convicted the applicant of an offence under Section 323, Indian Penal Code, and sentenced him to a fine of Rs. 50.

(2.) THE applicant has applied to this Court in revision on the ground that the reference made by the Honorary Magistrate to the City Magistrate was illegal having regard to the terms of Section 349, Criminal Procedure Code. Under the said provision the trying Magistrate can only refer the case to the District Magistrate or to the Sub-Divisional Magistrate to whom he is subordinate. The learned Government Advocate who appeared on behalf of the Crown has admitted here that Nagpur City has not been declared a sub-division of the Nagpur District. Until action is taken in this respect with reference to Sections 4 (u), 8 and 13, Criminal P.C., it follows that the City Magistrate, Nagpur, cannot be described as a Sub-Divisional Magistrate for the purposes of having eases referred to him under Section 349, Criminal P.C., by Second and Third Class Magistrates in Nagpur City. The order of the City Magistrate, dated 21st January 1927, was, therefore, void as being made without jurisdiction. I accordingly reverse that order and the case will now go back to the District Magistrate, Nagpur, who will proceed to deal with it on the merits himself under Section 349, Criminal P.C.

(3.) I accordingly direct the District Magistrate, Nagpur, to take the case on his own file and dispose of it as a reference under Section 349, Criminal P.C.