Khub Chand vs King-Emperor

Dalal, J.—The point of law urged in this application for revision is that the Magistrate who tried the case had not jurisdiction to do so. The offence was not committed, within the circle of the jurisdiction of the Magistrate. He was however, competent, according to his powers, to try a charge u/s 182, I.P.C. The learned Sessions Judge has pointed out that this irregularity is excused by the provisions of Section 529(e), Criminal P.C. On behalf of the applicant my attention was drawn to a judgment of this Court in the case of Kunj Bihari Lal v. Lanua AIR 1921 All 123, in which it was held that u/s 12, Criminal P.C., only the Magistrate to whom the District Magistrate has allotted a particular area could take cognizance of offences committed in that area. There, however, the question did not arise as to what was to happen when a Magistrate, not having jurisdiction, tried a charge. In my opinion the section quoted by the learned Sessions Judge applies. I do not think that the sentence is severe, and dismiss this application.