MEHAR SINGH Vs. STATE OF HIMACHAL PRADESH
HIGH COURT OF HIMACHAL PRADESH
STATE OF HIMACHAL PRADESH
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H.S. Thakur, J. -
(1.) IN this petition a question of law whether the provisions of the old Code of Criminal Procedure will apply or the provisions of new Code of Criminal Procedure would apply to the facts of this case, has been referred by the Hon'ble the Chief Justice to a larger bench.
(2.) THE facts of the case briefly are that the police had put up a challan in the court of the Judicial Magistrate, 1st Class, Rohru alleging offences under Sections 353, 332, 504 and 506, I.P.C. against the Petitioner and another person, on 1 -12 -1973. The learned Magistrate by his order, dated 2nd August, 1974 held that no case for charge was made against the other accused and an offence under Section 323, I.P.C. was made out against the present Petitioner. The State filed a revision petition under Section 397/399, Code of Criminal Procedure against the order of the learned Judicial Magistrate in the court of the learned Sessions Judge, Simla against the present Petitioner. It was contended on behalf of the State that offences under Sections 353, 332, 514 and 506, I.P.C. were made out against the Petitioner and that the trial Magistrate had wrongly discharged the accused of the said offences. The learned Sessions Judges by an order, dated 16th August, 1976 allowed the revision petition and remitted the case to the trial Magistrate for disposal, according to law. Aggrieved by the order of the learned Sessions Judge, the Petitioner has filed this petition in this Court.
(3.) THE present petition has been filed under Sections 482 and 397 of the new Code of Criminal Procedure and Section 435 and 561 -A of the old Code of Criminal Procedure, read with Article 227 of the Constitution of India. It may be pertinent to point out that the revision petition in the court of the learned Sessions Judge was filed under Sections 397 and 399 of the new Code of Criminal Procedure. No objection was taken before the learned Sessions Judge that the petition had to be disposed of in accordance with the provisions of the new Code. The only objection which was taken was that the order being in the nature of an interlocutory order, no revision petition was competent. It is for the first time that the objection has been taken in this Court that the provisions of the new Code are not attracted in the case.;
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