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2007 DIGILAW 364 (HP)

SANJAY KUMAR v. STATE OF H. P

2007-08-29

SURJIT SINGH

body2007
JUDGEMENT Surjit Singh, Judge (Oral):- Heard and gone through the record. 2. The facts relevant for deciding the revision petition are that a case under Section 498-A and 506 I.P.C. was instituted by the police in the court of Judicial Magistrate 1st Class (2), Mandi. The case was investigated by Sundernagar police and it pertained to Sundernagar Sub Division. There is a Court of Judicial Magistrate at Sundernagar also the Presiding Officer of the Court is designated as Additional Chief Judicial Magistrate. The Court at Mandi, where the case was instituted, proceeded with the trial and after the proceedings concluded and only the arguments were to be heard and judgment pronounced, an application under Section 408 of the Code of Criminal Procedure was filed in the Court of Sessions Judge for transfer of the case to the Court at Sundernagar. The Sessions Judge has dismissed that application holding that trial is complete, in the sense that the evidence has been recorded, accused has also been examined and only the final arguments are to be heard. The reason given by the Sessions Judge is that this will be a case of an irregularity and will not vitiate the final verdict if the trial is conducted by the Magistrate not having the local jurisdiction. 3. View taken by the learned Sessions Judge that this will be a case of curable irregularity only, may not be correct in the facts and the circumstances of the present case because the judgment has yet not been pronounced in the case and whether this will be a case of curable irregularity or an irregularity vitiating the trial, can be gone into only when the matter is taken to the appellate or revisional Court challenging the final verdict. 4. What is required to be seen at this stage is whether the Court at Mandi had the jurisdiction to proceed with the trial or it was only the court at Sundernagar, that had the jurisdiction to try the matter. The High Court in exercise of its power under sub-sections (2) and (3) of Section of the Code of Criminal Procedure has issued a Notification authorizing all the Judicial Magistrates posted within a particular District to exercise the powers of inquiry and trial in respect of the case pertaining to any part or area of the District. The High Court in exercise of its power under sub-sections (2) and (3) of Section of the Code of Criminal Procedure has issued a Notification authorizing all the Judicial Magistrates posted within a particular District to exercise the powers of inquiry and trial in respect of the case pertaining to any part or area of the District. That is to say, the Magistrate have been conferred the powers to be exercised by them throughout the area of the District they are posted in. 5. Learned counsel has produced two Notifications issued by the Chief Judicial Magistrate, Mandi, which according to him, confine the local jurisdiction of the Magistrates and the jurisdiction of the Judicial Magistrate (2) Mandi, has been confined to the area of a particular police station within the Sub Division of District Mandi. 6. The submission made by the learned counse1 is not correct. But the Notifications are under Section 15 of the Code of Criminal Procedure with regard to the distribution of work of the Judicial Magistrates. They are not the Notifications, under Section 14 of the Code defining the jurisdiction of the Magistrates posted in the District. Therefore, the submission is rejected. 7. In view of the Notification issued by this Court in exercise of its powers under sub-sections (2) and (3) of Section 14 of the Code of Criminal Procedure, the substance whereof has been noticed hereinabove, it is held that the Judicial Magistrate posted at Mandi, also has the jurisdiction to try and decide the case, transfer of which was sought through the application under Section 408 Cr.P.C. filed in the Court of Sessions Judge. Hence, the revision petition is dismissed. Cr.M.P. No. 209 of 2007. Infructuous.