Appeal under article 132 1 of the Constitution of India from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Patna in Criminal Appeal No.
On the record being placed before the Deputy Commissioner, the latter passed following order Perused S.D.0s order sheet.
The appeal was heard by a Bench companysisting of S. K. Das and C. P. Sinha, JJ.
Magistrate for trial.
410 of 1951.
83 of 1953.
Hazaribagh for.
Commr.,
The appeal arises out of a criminal trial held in the district of Hazaribagh in the State of Bihar.
transferring it to the file of the Spl.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
C. Setalvad, Attorney General for India R.C.prqsad, with him for the respondent.
December 2.
K. Saran and M. M. Sinha, for the appellants.
The case against the appellants was investigated by the local police and on the 4th June, 1951 a challan was submitted before the Sub Divisional Magistrate.
The Sub Divisional Magistrate passed the following order in the order sbeet Let the record be sent to the Dy.
with powers u s 30, Cr.
Withdrawn and transferred to the file of Mr. S. F. Azam, Magte.
The appellants were then tried by Mr. S. F. Azam, Magistrate of the first class exercising powers under section 30 of the Code of Criminal Procedure on charges under sections 366 and 143 of the Indian Penal Code and each of them was companyvicted under both the sections and sentenced to rigorous imprison ment for five years under section 366, Indian Penal Code, numberseparate sentence having been passed under section 143.The appellants preferred an appeal to the High Court of Judicature at Patna.
1047 1954.
C. for favour of disposal.
The Judgment of the Court was delivered by DAS J. This is an appeal from a judgment of the High Court of Judicature at Patna which raises a substantial question of law as to the interpretation of the Constitution of India.
