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M.WAHAJUDDIN
Shyam Lal – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
B.N. Agarwal, Advocate - For the applicant.
A.G.A. - For the Respondent (Opp. Party)

JUDGMENT

M. Wahajuddin, J. - The case against the applicant relates to embezzlement, etc., in Cooperative Society and is pending in Jhansi. The copy of the Notification dated July 29, 1982, of the Allahabad High Court appointing Km. Sudha Singh in place of Sri Amar Sinha, since transferred, for the disposal of the case relating to such embezzlement has been relied upon. The matter that arose for consideration is whether the provision is prospective or retrospective. The law is well settled that the general jurisdiction concerning criminal cases and magisterial powers under the Cr. P.C. is to prevail, unless such powers have been taken away by the special Notification. The applicant relied upon the notification of the High Court, as aforesaid. This notification has been made in pursuance of the Government Notification and that Government Notification has also been mentioned. I per used the Government Notification dated May 2, 1979, published in the official Gazette of 23-6-1979. On perusal of this Government Notification, I find that apart from all other conditions, the last condition which lays down that in which investigations are made or charge-sheets are filed by the Special Inv

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