G.K. Sharma, J. - (1.) -This is a reference by the Sessions Judge, Jaipur City, Jaipur vide his order, dated, 23rd September, 1982.
(2.) On the report of Ishwar Singh Nathawat on 29th July, 1982 a case under Section 302 I. P. C. was registered against Giriraj and others at police station Sodala, During the investigation of the case, the appellants Girraj, Lokesh, Ram Singh and Shashi Paliwal surrendered before the Judicial Magistrate No, 4, Jaipur District Jaipur who sent them to police custody. These applicants submitted an application for bail under Section 439 Cr. P. C. before the Sessions Judge, Jaipur City, Jaipur. The learned Public Prosecutor raised an objection that the Court of Judicial Magistrate No. 4, Jaipur District, Jaipur is under the administrative control of Sessions Judge, Jaipur District, the case in hand can be committed by the Judicial Magistrate No. 4, Jaipur District, Jaipur to the Court of Sessions Judge, Jaipur only and in this view the bail application filed by the applicants does not lie in this court and the Sessions Judge, Jaipur City, Jaipur has no jurisdiction to dispose off this bail application. On this objection the Sessions Judge heard both sides and made this reference on the following points : (1) Whether the Chief Judicial Magistrate, Jaipur City can transfer the cases arising out in a Police Station which comprises some area of Jaipur City and some of Jaipur District, front the Court of Judicial Magistrate, Jaipur City to the court of Judicial Magistrate, Jaipur District when none of them has jurisdiction to try and inquire into cases which do not arise in one Sessions Division or another Sessions Divisions only ? (2) Whether the Judicial Magistrate's No. 4, Jaipur District or any other Magistrate in Jaipur District who is under the administrative control of Sessions Judge, Jaipur District can commit the Sessions cases to two different Sessions Judges without having any power to inquire into such cases ? Whether the appeals and revisions against the order of Judicial Magistrate No. 4, Jaipur District or any other Magistrate under the administrative control of Sessions Judge, Jaipur District would lie to the court of Sessions Judge Jaipur City merely because the offence has been committed with in the jurisdiction of his Sessions Division or the Police Station which has filed challan in such cases instituted in Jaipur City or the court .itself is situated in Jaipur City ?
(3.) I have heard at length the learned counsel Shri N. C. Chaudhary, Shri R. P. Garg for the complainant and learned Public Prosecutor.;