JUDGMENT

V. Khalid, J. - This criminal appeal, by special leave, involves the question:

Whether a Sub-ordinate Criminal Court has any inherent jurisdiction outside the provisions of the Criminal Procedure Code? Incidentally, the scope of Article 141 of the Constitution also comes up for consideration.

2. The facts of the case can be stated first. The appellants, two in number, are the accused in a complaint filed by the first respondent in the Court of the Judicial Magistrate, First Clan, New Delhi, disclosing an offence punishable under section 67 and 72C(1)(a) of the Mines Act, 1952, read with Regulation 106 of the Metallifarous Mines Regulation, 1961. The learned Magistrate took the complaint on file and issued summons to the accused to appear on 6.1.1972. On 6.1.1972 neither the complainant nor the accused were present and therefore, the Magistrate passed the following order:

"Accused was not present. None present for the complainant also. The complaint is hereby dismissed in default and for want of prosecution."

On 13.1.1972, the complainant filed an application for restoration of the complaint. On 20.1.1972, the Magistrate passed the following order:

“I heard Shri T.S. Sodhi.