ANGAPPA MUDALI Vs. RAMAPURAM PERUMAL CHETTY

JUDGEMENT

(1.) The first class Magistrate of Sankari passed orders under Section 133, Criminal Procedure Code, directing the counter-petitioners not to work a cotton ginning factory during nights or to appear before the second class Magistrate, Trichengode, on the 25th March 1918 and move to have the order set aside or modified.

(2.) The counter-petitioners applied under Section 135 to the first class Magistrate to appoint a jury and a jury was empanelled under Section 138 who sent their verdict to the Magistrate. The records were then sent by the first class Magistrate to the, second class Magistrate for disposal. The petitioners objected to the order on the ground that the second class Magistrate had no jurisdiction to deal with the matter after the verdict of the jury, but their objection was over-ruled. Hence this revision petition.

(3.) The question for decision is whether a Magistrate who sends a notice under Section 133 and directs a party to appear before another Magistrate is competent to deal with the matter on receiving the verdict of the jury empanelled under Section 138. The case is one of first impression and agreeing with the contention of the Public Prosecutor, I am of opinion that the first class Magistrate has jurisdiction.