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1971 Supreme(Cal) 221

R.N.Dutt, Sarma Sarkar, S.P.Mitra
Seorajuddin And Co – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

1. THESE are two several Rules under article 228 read with Articles 226 and 227 of the Constitution issued on two composite applications. In both the applications the petitioners are the same. They were on trial before the Chief Presidency Magistrate of Calcutta in two separate cases being Cases Nos. 1998 and 1999 of 1963. The respondents Nos. 6 to 8 in Rule No. 2183 are also the accused in Case No. 1998. Similarly the respondents Nos. 5 and 6 in Rule No. 2184 are also the accused in Case No. 1999. The petitioners in both the Rules are alleged to have committed offences under section 120b of the Indian Penal Code read with Sections 12 (1), 12 (2) and 22 of the Foreign Exchange Regulation Act, 1947 and under Section 23 (1a) of the Act for violation of the provisions of sections 12 (1), 12 (2) and 22 of the Act. When the matter was pending before the Magistrate for consideration of charge, the petitioners obtained the present Rules. The rules are in similar terms and consist of two pans. The first part directs the Union of India to show cause why criminal cases Nos. 1998 and 1989 should not be transferred to this Court so that they may be tried by this Court or the constitu


























































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