Karnataka Court May 1956 Judgments

The State of Mysore Vs. K.C. Bandi Gowda and anr.

Court: Karnataka

Reported in: 1957CriLJ455

Venkataramaiya, C.J.1. In this application filed under Section 501-A of the Code of Criminal Procedure, legality of the disposal of a petition previously filed under the same section by my learned predecessor is challenged on the ground, that he had no jurisdiction to deal with it sitting alone. The point raised is novel, even as the circumstances relating to it are unusual. The order is attacked by the learned Advocate-General as being one passed in exercise of power not vested by law in a Judge acting singly.2. The genesis of the case is that on a charge sheet presented by the Police certain persons were prosecuted for alleged commission of offences in Mysore. Some of the Accused invoked the interference of this Court by means of petitions filed under Sections 439 and 561 of the Code of Criminal Procedure to quash the proceedings instituted against them before the Magistrate.The petitions were registered as Criminal Revision Petitions Nos. 80 and 103 of 1954 and dealt with for some t...