V. BHARGAVA, J.

( 1 ) I have had the benefit of reading the judgment proposed to be delivered by my brother Mulls, j. I agree with him that Section 350 of the Code of Criminal Procedure is not applicable in the case of a Special Judge appointed under the Criminal Law Amendment Act No. 46 of 1952, but I would like to give the reasons for my opinion in my own language. My brother, Mulla, J. , has already discussed the three relevant decisions of the Madras, the Patna and the Punjab High courts and it does not appear to be necessary for me to comment on those cases again.

( 2 ) IT appears to me that, in designating the Court, which is empowered to try cases under the criminal Law Amendment Act, 1952, as a Court of a Special Judge, the legislature clearly intended to indicate that a Special Judge will neither be a Magistrate nor a Court of Session as constituted under the Code of Criminal Procedure. Had there been any intention that the Special judge was to be a Magistrate or a court of session, it was easy for the legislature to lay down in the Criminal Law Amendment Act, 1952, itself that the power of trying cases under that law would be exercised by a Magistrate or a Court of Sessio