BUDHAN CHOUDHRY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an appeal from a judgment of the High Court of Judicature at Patni which raises a substantial question of law as to the interpretation of the Constitution of India.

(2.) The appeal arises out of a criminal trial held in the district of Hazaribagh in the State of Bihar. The case against the appellants was investigated by the local police and on the 4th June, 1951 a challan was submitted before the Sub-Divisional Magistrate. The Sub-Divisional Magistrate passed the following order in the order-sheet:

(3.) The appellants preferred an appeal to the High Court of Judicature at Patna. The appeal was heard by a Bench consisting of S. K. Das and C. P. Sinha, JJ. There was a difference of opinion between the two learned Judges as to the constitutionality of Section 30 of the Code of Criminal Procedure. S. K. Das, J., took the view that the impugned section did not bring about any discrimination or inequality between persons similarly circumstanced and consequently did not offend the equal protection clause of the Constitution, while C. P. Sinha, J., was of the opinion that the section was hit by Article 14. The appeal was thereupon placed before Reuben, C. J., who in agreement with S. K. Das. J., held that Section 30 did not violate the inhibition of Article 14. The learned Chief Justice upheld he conviction but reduced the sentence. On application by the appellants the High Court granted them a certificate under Article 132(1) and the present appeal has been filed accordingly.