PUBLIC PROSECUTOR Vs. PRIVATE JMARCHANT

JUDGEMENT

(1.) Mr. Richards, the District Magistrate and Justice of the Peace, Civil and Military Station, Bangalore, has held that he has no jurisdiction to take congnizance of this case by reason of the words of proviso 4 to the notification of the 7th October 1898, No. 2688 I.A. The proviso runs "provided, fourthly, that nothing in the said Code as now applied shall be deemed to apply to proceedings against European British subjects or persons charged jointly with European British subjects." The proviso is no doubt ambiguous, but, reading it by the light of the language used in the notification of the 1st March 1883, No. 529 I., which notification is in terms reproduced as regards the Civil and Military Station by the notification of the 7th October 1898, we think we are warranted in placing a construction upon the proviso, which would not have the effect of defeating what seems to us to be the intention of the Governor- General in Council.

(2.) The notification of the 1st March 1883 applies to the Civil and Military Station of Bangalore the whole of the Code of Criminal Procedure, 1882, with the exception (among other things) of so much of the Code as applies to European British subjects.

(3.) We think the intention of the Governor-General in Council in issuing the notification of the 7th October 1898 was to reproduce the effect of the language used in the notification of the 1st March 1883 so far as regards this exception. The result is the general provisions of the Code of Criminal Procedure with the specified exceptions apply and Mr. Richards as District Magistrate has jurisdiction to take cognizance of and try the offence in accordance with the provisions of the Code.