EMPEROR Vs. KRISHNAJI PRABHAKAR KHADILKAR

JUDGEMENT

(1.) The applicant is the editor of a Marathi daily called the Nava Kal which has a circulation of about ten to twelve thousand copies per day amongst the Marathi speaking public. He is being tried before the Chief Presidency Magistrate, Bombay, for an offence under Section 124 A of the Indian Penal Code in respect of an article which appeared in the issue of the Nava Kal of February 9, 1929.

(2.) The offence is triable, as would appear from Schedule II of the Criminal Procedure Code, either by a Court of Session or by the Chief Presidency Magistrate. The punishment which may be imposed on conviction is transportation for life or for any term and fine, or imprisonment of either description for three years and fine, or fine. The applicant was arrested on February 14, 1929, on process issued by the Chief Presidency Magistrate. On February 15, 1929, this Court on an application made in that behalf released the applicant on his furnishing bail. On February 16, 1929, when the trial commenced before the Chief Presidency Magistrate, the applicant applied that his case may be inquired into on the footing of its eventual committal by the Magistrate to the High Court Criminal Sessions, The Crown having objected the application was refused. The Magistrate gave a two-fold reason for disallowing the application:-(I) that there was congestion of work in the High Court Criminal Sessions; and (2) the Magistrate himself was competent adequately to deal with the case.

(3.) The applicant applies for a review of the Magistrate's order and as an alternative invokes our jurisdiction under Art. 561, Criminal Procedure Code, on the ground that it would be expedient for the ends of justice to have this ease tried before the Sessions Court.