ORDER

Gyanendra Kumar, J. - Mr. R.C. Verma, with his usual ability, has raised a point of jurisdiction which was never agitated either before the Magistrate or before the Sessions Judge. However, the point, being one of jurisdiction, can be raised even at the revisional stage in this Court. In the instant case, the Applicants were convicted by Sri Bishal Chand Jain, Special Magistrate I Class, Saharanpur by his judgment and order dated 10-12-1965. The conviction was under two counts. u/s 427 IPC the accused were sentenced to a fine of Rs. 75/- and in default to undergo three months R.I. each, but u/s 352 IPC, they were sentenced to a fine of Rs. 25/- and in default to undergo 20 days R.I. each. Shri Jain had admittedly tried this case summarily.

2. The contention of Mr. R.C. Verma is that summary powers could not have been legally conferred on Shri Jain, inasmuch as he was not a Magistrate of I Class within the meaning of Sub-clause (b) of Section 260(1) Code of Criminal Procedure. The relevant words of the section are:

260. (1) Notwithstanding anything contained in this Code,--

(a)... ... ... ...

(b) any Magistrate of the first class specially empowered in this behalf by the State Gove