V.G.Oak, J. - (1.) The following question has been referred by a learned single Judge of this Court to a larger Bench. "Is notification No. 76/14-39 dated 5-5-1961 (published in Govt., Gazette of Uttar Pradesh dated July 15, 1961) giving exclusive jurisdiction to the Lucknow Bench to hear cases arising out of the district of Faizabad ultra vires and without jurisdiction - That question arose under the following circumstances. Shital applicant is being prosecuted in district Faizabad. In December 1963 he filed before this Court an application under Section 561-A, Cr.P.C., requesting that the proceedings against the petitioner should be quashed. At the time of admission of the application under Section 561-A, Cr.P.C., the learned single Judge felt some doubt as to whether the application arising from district Faizabad could be entertained by this Court at Allahabad. He had in mind the order passed by the Hon'ble the Chief Justice on 5-5-1961. That order dated 5-5-1961 runs thus:- "In exercise of the powers conferred by Article 14 of the U. P. High Courts (Amalgamation) Order 1948 and in partial modification of the Courts Notification No. 9676/IC-39, dated December 14, 1948, the Chief Justice of the High Court of Judicature at Allahabad is pleased to direct that with effect from July 8, 1961 the Bench of the High Court at Lucknow, shall exercise Jurisdiction and power in respect of all cases except cases under the Companies Act, 1956, (No. 1 of 1956) and the Indian income Tax Act, 1922 arising within the local limits of the Jurisdiction of the District and Sessions Judge, Faizabad. Provided that nothing herein contained shall affect the Jurisdiction and power of the Allahabad Bench in respect of proceedings already pending before it prior to coming into force of the above order and the cases previously instituted shall continue to be heard at Allahabad." The learned single Judge perhaps thought that, that order dated 5-5-1961 gives the Lucknow Bench of Allahabad High Court exclusive jurisdiction to deal with matters arising out of district Faizabad. He, therefore, referred the question of law quoted above to a larger Bench.
(2.) Both the parties relied upon a Full Bench decision of this Court in Union of India v. Chheda Lal, AIR 1958 Alld. 652 : 1958 ALJ 392 . In that case the Civil Judge of Barabanki had passed a decree. An appeal against that decree was presented to this Court at Allahabad. The question arose whether presentation of that appeal at Allahabad was proper. It was held by the Full Bench that, presentation of the appeal at Allahabad was proper.
(3.) The filing of the application under Section 561-A, Cr.P.C. by Shital at Allahabad raises two connected questions:- (1) Was the application properly filed at Allahabad ?, and (2) Can that application be disposed of by this Court at Allahabad? As regards the first point, it was conceded for the respondents that, in view of the Full Bench decision in Chheda Lal's case, A.I.R. 1958 Alld. 652 : 1958 A.L.J. 392 the presentation of the application at Allahabad must be considered proper. But the learned Advocate-General contended that, that application cannot be disposed of at Allahabad. It has to go to the Lucknow Bench for disposal. On the other hand, Sri S. N. Kacker appearing for the applicant maintains that, the application can be finally disposed of at Allahabad.;