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1953 Supreme(SC) 41

B. K. MUKHERJEE, GHULAM HASAN, M. PATANJALI SASTRI, N. H. BHAGWATI, S. R. DASS
Habeeb Mohamed – Appellant
Versus
State Of A. P. – Respondent


Advocates:
A.A.PIRBHOY, G.H.RAJADHYAKSHA, J.B.DADACHAN, R.Ganapathy Iyer, RAJENDER NARAIN, V.RAJA RAM IYER

Judgement

B. K. MUKHERJEA J.- The appellant before us, who in the year 1947 was a Revenue Officer in the District of Warangal within the State of Hyderabad, was brought to trial before the Special Judge of Warangal appointed under Regulation No. 10 of 1359-F., on charges of murder, attempt to murder, arson, rioting and other offences punishable under various sections of the Hyderabad Penal Code. The offences were alleged to have been committed on or about 9-12-1947 and the First Information Report was lodged, a considerable time afterwards, on 31-1-1949. On 28-8-1949 there was an order in terms of S. 3 of the Special Tribunal Regulation No. 5 of 1358-F which was in force at that time, directing the appellant to be tried by the Special Tribunal (A). The accused being a public officer, the sanction of the Military Governor was necessary to prosecute him and this sanction was given on 20-9-1949. On 13-12-1949, a new Regulation, being Regulation No. 10 of 1359-F, was passed by the Hyderabad Government which ended the Special Tribunals created under the previous Regulation on and from 16-12-1949; and consequently upon such termination provided for the appointment, power and procedure of



































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