Law: Criminal Procedure Code, 1898

Section: Ss. 439 & 561-A

(a) Martial Law Order (Zone A) No. 68, clause 1 (c)   Only cases registered under Martial Law Regulation and not falling under any provision, of ordinary law can be submitted to District Magistrate for recommendation.   It is only in those cases which have been registered under the Martial Law Regulation and which did not fall under any provision of the ordinary law, that the file, after the completion of the investigation, has to be submitted to the District Magistrate for his recommendation which is provided for by sub-clause (1) (c) Martial Law Order No. 68.   (b) Criminal Procedure Code (V of 1898),   Ss. 439 & 561-A District Magistrate sending case to the military authorities though he was not competent to do so under Martial Law Order . (Zone A) No. 68-High Court has no jurisdiction to quash order of District Magistrate.   The offence in question fell under the Penal Code and was so registered. It was common ground that the case had not been registered under any. Martial Law Regulation. The file of . the case, therefore, could not have been sent to the District Magistrate. The District Magistrate had no jurisdiction to make his recommendations and send the case to the Martial Law Administrator. Such a procedure is clearly contrary to the pro visions of Martial Law Order No. 68.   Neither section 439 nor section 561-A, Criminal Procedure Code give the High Court, the jurisdiction to pass an order quashing the recommendation made by the District Magistrate and recalling the case. The District Magistrate in making his recom mendation was neither acting nor purporting to act under the Criminal Procedure Code. The recommendation that he made, though without jurisdiction, was purported to have been made under the Martial Law Order No. 68, clause (1) (c). That recommendation is, therefore, not liable to correction in the exercise of jurisdiction conferred on the High Court by section 439 or 561-A, Criminal Procedure Code, 1898.   (c) Criminal trial-   Accused has right to claim that he be tried according to law.     JUDGMENT   This is a revision application under sections 439 and 561-A, Criminal…