- (1.) MEWA Singh alias Manjit Singh was committed to the Court of Session by the Judicial Magistrate 1st Class, Malerkotla, to stand his trial under Sections 409, 467 and 471, Indian Penal Code, vide his order dated 26-12-1973, with a direction to him to appear before the learned Sessions Judge on 15-1-1974. The accused appeared before the learned Additional Sessions Judge on 15-1-1974 and the case was adjourned to 23-1-1974. The case remained pending before the learned Additional Sessions Judge but he, on 21-9-1974, sent the record of the case to the Chief Judicial Magistrate, Sangrur, along with the charge and the evidence already recorded by him, under Section 228 of the Code of Criminal Procedure of 1973 (hereinafter called the new Code ). The accused was directed to appear before the Chief Judicial Magistrate, Sangrur, on 7-10-1974, for trial.
(2.) THE State of Punjab has filed this revision petition No, 86 of 1975 against the order of the learned Additional Sessions Judge dated 21-91974. The counsel for the State and the accused person have been heard.
(3.) THE main contention of the learned Counsel for the State is that as the case had been committed to the Court of Session before the Code of 1973 came into force, the trial will be held in accordance with the provisions of the Criminal Procedure Code of 1898 (hereinafter called the old Code) as provided under Section 484 of the new Code. He further urged that since the case was not committed under Section 209 of the new Code, the provisions of Section 228 of the new Code will not apply to it.;