Law: Criminal Procedure Code (V of 1898)

Section: 28,30,561-A

Law: Penal Code (XLV of 1860)

Section: 394,511,337-A(iii)

Criminal Procedure Code (V of 1898)--- ----Ss. 28, 30, 561-A & Sched.-II---Penal Code (XLV of 1860), Ss. 394, 511 & 337-A(iii)---Voluntarily causing hurt in committing robbery, attempting to commit offence punishable with imprisonment for life or a shorter term, causing shajjah-i-hashimah---Magistrate Ist class thinking that the offences being not triable by him the matter be placed before the Sessions Judge for appropriate order---Sessions Judge entrusted the matter to the Magistrate having powers under S. 30, Cr.P.C. contended that reference could only be made to the Sessions Judge if the offence was exclusively triable by the sessions court---In the presentcase, the offences were triable by the sessions court or Judicial Magistrate 1st Class and if at the time of passing the sentence, the Magistrate concerned was of the opinion that the sentence awarded was beyond his jurisdiction, the report under S. 173, Cr.P.C. could be returned for filing the same before the court of competent jurisdiction and reference to the sessions court was not appropriate---Validity---Offences in question were triable either by court of session or Magistrate 1st Class---Since the offences were not exclusively triable by the court of session, therefore the matter could not have been referred to the court of session under S. 190(2), Cr.P.C.---Court of session was not competent to take cognizance of any offence as the court of original jurisdiction under S. 193, Cr.P.C., unless the case had been sent to it under S. 190(2), Cr.P.C. by a Magistrate duly empowered in that behalf---Question that quantum of punishment was beyond the powers of a Magistrate was not enough to take away the jurisdiction of the court to try the offence---Under Second Schedule to Cr.P.C., the offences as mentioned in the present case were triable by Judicial Magistrate 1st Class or court of session therefore, the Judicial Magistrate 1st Class had the jurisdiction in the matter---If the Judicial Magistrate was of the opinion that the sentence which was to be awarded to the accused was beyond his jurisdiction/competency, reference was not to be sent to the sessions court under S. 190, Cr.P.C. in such a…

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