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
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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