JUDGMENT

Abdul Qadir, J. - The petitioner in this case, Mr. Lazarus, was a Guard on the Northwestern Railway. He was with the train coming from Delhi to Ferozepore on the 22nd of December, 1920, when some hats were stolen from a hat-box, belonging to a passenger, which was deposited in the brakevan. He was suspected of having stolen them and later on, after he was accused of the theft, he produced four hats from two different places. He was convicted on the 13th June, 1921, by a Magistrate, First Class, at Ferozepore, The theft was said to have occurred somewhere between Delhi and Bhatinda. As a considerable part of that line passes through the territory of Patiala State, a doubt was felt, on his appeal being filed in the Sessions Court at Ferozepore, whether the Sessions Judge of Ferozepore had jurisdiction to try that appeal or should it have gone to the Political Agent, Phulkian State, who has the powers of a Sessions Judge for hearing appeals in criminal cases with regard to the offences committed in any part of the Saute territory (vide Notifications Nos. 515 and 516-I.B., dated the 17th March, 1913).

2. The Sessions Judge referred this matter to the High Court; On the 9th December, 1921, Mr. Justice Abdul Raoof passed an order, calling upon the learned Sessions Judge to enquire and let this Court know whether during its journey from Delhi to Bhatinda the Railway in question at any time passed through the Ferozepore District. A report, dated 16th May, 1922, has now been received, slowing that the main line between Delhi and Bhatinda does pass, for about two miles, through a portion of the Moga Tahsil of the Ferozepore District. On this report it is clear that the appeal can be heard by the learned Sessions Judge of Ferozepore, under the provisions of Section 183, Criminal Procedure Code, as the offence is stud to have been committed during a journey and the train in question passed through Ferozepore territory during a part of that journey. Thus, the Court at Ferozepore has as much jurisdiction as the Court of the Political Agent, no matter at what point in the course of that journey the said offence was committed.

3. It is directed, therefore, that the appeal may be heard and decided according to law by the Sessions Judge of Ferozepore, to whom the records will be returned.