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1959 Supreme(Mad) 137

RAMASWAMI GOUNDER, SOMASUNDARAM, BASHEER AHMED SAYEED
Employees’ State Insurance Corporation, Mylapore – Appellant
Versus
M. Haji Md. Ismail Sahib, Proprietor, Messrs. Haji Md. Ismail Sahib Tannery, Tiruvotriyur – Respondent


Advocates:
The Public Prosecutor (P. S. Kailasam), for Petitioners.
T.R. Thygarajan, for the Respondent (Accused) in Crl. M.P. Nos. 821 and 827 of 1958.
P.S. Chinnappa, for the Respondents (Accused) in Crl. M. P. No. 823 of 1958.
A. Jagannatha Rao, for the Respondent in Crl. M.P. No. 825 of 1958 and
A. Nagarajan and A. Viswanathan, for Respondent in Crl. M.P. Nos. 829 and 831 of 1958.

Somasundaram, J.-

These petitions have been filed either to direct the Chief Presidency Magistrate to try the various Calendar Cases pending before him or to transfer them to the file of the Sub-Divisional Magistrate, Poonamallee. In these cases after the issue of summons to the accused a preliminary objection was taken by the accused to the trial of the cases by the Chief Presidency Magistrate on the ground that the Chief Presidency Magistrate has no territorial jurisdiction to try the cases. In the affidavit filed in support of these petitions on behalf of the complainant in paragraph 4 it is stated thus:

“ An objection was raised by the accused in C.C. No. 3546 of 1958 that the Presidency Magistrate’s Court has no jurisdiction and the place where the factory is situated is within the jurisdiction of the Sub-Divisional Magistrate, Poonamallee. In verifying the records at the Collector’s Office I find that this factory in which the offence was committed is also situated within the jurisdiction of the Sub-Divisional Magistrate, Poonamallee.”

In paragraph 5 it is stated that every offence will have to be enquired into and tried by the Court within the local limits of whose jurisdictio


































































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