Law: Criminal Procedure Code (V of 1898)

Section:

Criminal Procedure Code (V of 1898), S. 177 - Criminal case transferred by order of Government from S judicial district to H Judicial district - Commitment to Sessions Court at S, held, erroneous. JUDGMENT   This is a reference dated the 4th of September 1962 made by the learned Additional Sessions Judge, Sanghar, Mr. Mushtaq Ali Kazi, requesting this Court to quash the order of commitment dated the 29th of March 1962 passed by the learned Extra Joint Sub-Judge and First Class Magistrate at Hyderabad.   2. The accused Omar was challaned by the S. H. O. Shapur Shaker under sections 302, P. P. C. and 19-E of the Arms Act before the learned Sub-Judge and F. C. Magistrate, Shahdad pur having territorial jurisdiction in the matter. It appears from the letter of the District Magistrate, Hyderabad, dated the 26th of January 1962, (page 17 of the record) that Government by its Notification No. 13/167-H/Judl-TI/61, dated 31-10-1961, directed that the case against the present accused and against one Taju and others under sections 385, 397/307, P. P. C. be tried within the premises of the Central Prison, Hyderabad, by Syed Abdul Rehman, Extra Joint Sub-Judge and F. C. M., Hyderabad by name. In consequence of this order, which was conveyed to the District Magistrate Hyderabad by file District Magistrate, Sanghar, Syed Abdul Rehman, the learned Civil Judge and Special Magistrate, proceeded to hear the evidence and framed the charge dated the 29th of March 1962, already referred to. It is significant that Syed Abdul Rahman, Joint Sub-Judge and F. C. M. Hyderabad, designated himself as the Extia Joint Sub Judge and F. C. M. Sanghar at Hyderabad, for purposes of the charge and the commitment to the Court of Sessions at Hyderabad on the said charge.   The reference made by the learned Additional Sessions Judge Sanghar, is…