Allahabad Court June 1963 Judgments
Sarju Vs. the State
Court: Allahabad
Decided on: Jun-13-1963
Reported in: AIR1964All6; 1964CriLJ23
R.N. Sharma, J.1. This is a revision against the order of the learned Seasions Judge, Sitapur dismissing the appeal of Sarju against his conviction under Section 19 (f) of the Indian Arms Act (Act 11 of 1878) and sentence of rigorous imprisonment for 13 months.2. The only point argued before me in this case is that because the Indian Arms Act, 11 of 1878' was repealed by the Arms Act, 54 of 1959, the whole proceedings under Section 19(f) of the repealed Act instituted on 2nd May, 1962 ending in the conviction of the applicant on 25th August, 1962 are void and cannot be cured by any provision of law. It has been contended that the provisions of Section 19(f) were not saved by the saving Section 46(2) of the Arms Act, 54 of 1959 or Sections 6 and 24 of the General Clauses Act. Another objection was raised in paragraph 4 of the application for revision that sanction under Section 39 of the Arms Act, 54 of 1959 was not obtained before the institution of the case against the applicant and s...
Tag this Judgment!Bhola S/O Kuber Vs. State
Court: Allahabad
Decided on: Jun-05-1963
Reported in: 1963CriLJ542
N.U. Beg, J.1. On the 9th March, 1960, the Station Officer of police station Qazimpur, made a report under Section 133 of the Code of Criminal Procedure to the Sub-Divisional Magistrate, Sandila, Shri Section S. Raturi, that one Bhola who is the applicant in this revision application had blocked a. Nali thereby causing great hardship to the general public. On the 23rd of March, 1960, Shri S. S. Rathuri, Sub-Divisional Magistrate, Sandila, passed conditional order calling upon the applicant to open the Nali within a week's time or to show cause against it on the 2nd of April, 1960. The applicant was absent on the 2nd April, 1960. On the 29th of April, 1960 which was a subsequent date fixed in the case, the applicant moved an application objecting to the said order. Instead of taking any evidence in the case or calling upon the applicant to produce evidence in support of his objection, Shri S. S. Raturi, Sub-Divisional Magistrate, Sandila transferred the case to the file of Shri P. N. Sr...
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