A.N.BHANDARI, C.J. - (1.) THIS petition raises the question whether the Criminal Procedure Code Amendment Act, 1955 -abrogates the powers conferred on Magistrates of the First and Second Class to try certain offences according to the entries in the Second Schedule of the Code of Criminal Procedure.
(2.) A Magistrate of the First Class, exercising enhanced powers under Section 30 of the Code of Criminal Procedure, convicted the two petitioners in this case under Section 326 of the Penal Code and sentenced them to rigorous imprisonment for a period of two years each, and the sentence of the trial Court was upheld by the learned Sessions Judge in appeal. When the case came up for consideration before a learned Single Judge of this Court a question arose whether it is within the competence of a Magistrate of the First Class, exercising enhanced powers under Section 30 of the Code of Criminal Procedure, to try an offence punishable with imprison merit for a period exceeding seven years. As the question involved is of some importance, the learned Single Judge has expressed the view that it should be placed before a larger Bench. Chapter III of the Code of Criminal Procedure which relates to powers of courts contains the number of sections which ate relevant to the (Incision of the case. Section 28 is in the following terms: '28. Subject to the other provisions of this Code any offence under the Indian Penal Code may be tried (a) by the High Court, or (b) by the Court of Sessions, or (c) by any other Court by which such offence is shown in the eighth column of the second schedule to be triable.' Section 29 runs as follows : '29(1) Subject to the other provisions of this Code any offence under any other law shall, when any Court is mentioned in this behalf, in such law, be tried by such Court. (2) When no Court is so mentioned, it may be tried by the High Court, or subject as aforesaid by any Court constituted under this Code by which such offence is shown in the eighth column of the second schedule to be triable.' (29 -B) * * * * * * * * * (30) In Assam, Madhya Pradesh, Punjab, Oudh Madhya Bharat, Hyderabad, Mysore, Patiala and East Punjab States Union and Rajasthan, in all Part C States and in those parts of the other States in which there are Deputy Commissioners or Assistant Commissioners the State Government may, notwithstanding anything contained in Section 28 or Section 29 invest the District Magistrate or any Magistrate of the first class, with power to try as a Magistrate all offences not punishable with death.'
(3.) ) The entry against Section 326 is the Second Schedule to the Code of Criminal Procedure is as follows: 12 345 6 7 8 Section Offence Whether the police may arrest with -out warrant or not. Whether a shall ordinarily issue In the first Whether ballable or not Whether compoundable or not Punishment under the Code. By whatCourt triable. 326 Voluntarily causing hurt by dangerous weapons or means May arrest with warrant Summons Not ballable Not compound able Imprisonment for life or Imprisonment of either des -criptionfor 10 years andfine Court of Sessions,Presidency Magistrate or Magistrate of thefirst class.;