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HIGH COURT OF ALLAHABAD
B.N.Katju, J.
T.S.Bajpai
Versus
K.K.Ganguly
Decided On : 11 November 1975
CRIMINAL PROCEDURE CODE, 1973 - SECTIONS 11(1), 11(2), 14(1), 14(2) - INTERPRETATION - ESTABLISHMENT OF COURTS OF JUDICIAL MAGISTRATES - JURISDICTION AND POWERS - NOTIFICATIONS ISSUED UNDER SECTIONS 11(1) AND 11(2) - VALIDITY - TRIAL OF CASE - JURISDICTION.
Fact of the Case:
The applicant was charged with an offense under Section 409, IPC, and the trial was pending before the Special Magistrate, Anti-Corruption, Lucknow. After the Code of Criminal Procedure, 1973 came into force, the State Government and the High Court issued notifications establishing a common court of Judicial Magistrate of the First Class for all districts of Uttar Pradesh and appointing the Chief Judicial Magistrate, Lucknow as the presiding officer. The applicant challenged the validity of these notifications and the jurisdiction of the Chief Judicial Magistrate, Lucknow to try the case.
Finding of the Court:
The court held that the notifications issued under Sections 11(1) and 11(2) of the Code of Criminal Procedure, 1973 were illegal and without jurisdiction. The court found that under Section 11(1), a common court of Judicial Magistrate of the first class for all districts of Uttar Pradesh could not be established by notification of the State Government. Similarly, under Section 11(2), the High Court could not appoint the presiding officer of such a court. The court also held that the Chief Judicial Magistrate, Lucknow could not try the case of the applicant as the offense was alleged to have been committed in the district of Etawah and the trial could only take place in the court of a Judicial Magistrate of Etawah under Section 177, Cr. P. C. 1973.
Issues: 1. Whether the notifications issued under Sections 11(1) and 11(2) of the Code of Criminal Procedure, 1973 were valid? 2. Whether the Chief Judicial Magistrate, Lucknow had jurisdiction to try the case of the applicant?
Ratio Decidendi: The court interpreted Sections 11(1), 11(2), 14(1), and 14(2) of the Code of Criminal Procedure, 1973 and held that the State Government and the High Court could not establish a common court of Judicial Magistrate of the first class for all districts of Uttar Pradesh or appoint the presiding officer of such a court. The court also held that the Chief Judicial Magistrate, Lucknow did not have jurisdiction to try the case of the applicant as the offense was alleged to have been committed in the district of Etawah.
Final Decision: The court allowed the application and quashed the proceedings against the applicant in the court of the Chief Judicial Magistrate, Lucknow.
( 1 ) THIS is an application under Section 482, Cr. P. C. 1973.
( 2 ) ACCORDING to the facts stated in the application, a charge sheet was filed against the applicant by the Sub-Inspector, Special Police Establishment, Lucknow under Section 409, I. P. C. in the court of the Sipecial Magistrate, Anti-Corruption, Lucknow on 28-6-1973. The trial of the applicant was pending when the Code of Criminal Procedure, 1973 came into force on 1-4-1974. The Code of Criminal Procedure, 1973 repealed the Code of Criminal Procedure, 1898 and there is no provision in it corresponding to Section 14 of the Code of Criminal Procedure, 1898. It is mentioned in Section 484 (2) (b) of the Code of Criminal Procedure, 1973 that all notifications -published, proclamations issued, powers conferred, forms prescribed, local jurisdiction defined, sentences passed and orders rules and appointments, not being appointments as Special Magistrates, made under the old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been (published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code.
( 3 ) IN exercise of the powers conferred by Section 11 (1) of the Code of Criminal Procedure, 1973, the State Government by its Notification No. 1592/vii-A. N. 208/74 dated April 20, 1974 published in the U. P. Gazette, established a common court of Judicial Magistrate of the First Class for all districts of Uttar Pradesh, with its place of sitting at Lucknow to try or inquire into and commit to the court of Session all such cases arising in any local area within the State of Uttar Pradesh in which investigations are-made or charge sheets filed by the Special Police Establishments constituted under the Delhi Special Police Establishment Act 1946 (Act XXV of 1946 ). By Notification No. 91/admn, (B) dated Allahabad May 7, 1974, the High Court of Judicature Allahabad in exercise of the powers conferred by Subsection (2) of Section 11 of the Code of Criminal Procedure 1973 appointed Sri Rama Kant Roy, Chief Judicial Magistrate, Lucknow with effect from 1st April, 1974 as Judicial Magistrate of the First Cass also for all the districts of U. P. with Headquarters at Lucknow to try or inquire into and commit to the court of Session all such cases arising in any local area within the State of U. P. in which investigations are made or charge-sheets filed by the Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (Act No. XXV of 1946 ).
( 4 ) THE trial of the applicant is pending in the court of Sri R. K. Roy, Chief Judicial Magistrate, Lucknow as the charge-sheet against the applicant was filed by the Special Police Establishment, Lucknow. The charge-sheet filed1 against the applicant clearly indicated that the offence under Section 409, I. P. C. was com-mitted in the district of Etawah. The trial of the applicant -was being held by the Chief Judicial Magistrate, Lucknow prior to the coming into force of the new Code on 1-4-1974 as he had been appointed Special Magistrate, Anti-Corruption under Section 14 of the Code of Criminal Procedure, 1898 by a notification of the State Government. As that court of Special Magistrate ceased to exist on 1-4-1974, when the new Code of Criminal Procedure came Into force, the Chief Judicial Magistrate, Lucknow could continue with the trial of the applicant if the two notifications mentioned above issued under Section 11 a) and Section 11 (2) of the Code of Criminal Procedure, 1973 were legally issued under the aforesaid sections. Sections 11 (1) and 11 (2) of the Code of Criminal Procedure. 1973 run as follows:
11 (1) In every district (not being a metropolitan area), there shall be established as many courts of Judicial Magistrates of the First Glass and of the Second Class, and at such places, as the State Government may, after consultation with the High Court, by notification s
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