This application was dismissed by the learned Chief Justice of the Punjab High Court on March 12, 1965 on the ground that the High Court had numberpower to review its previous order.
Appeals by special leave from the judgment and order dated March 13, 1964 of the Punjab High Court Circuit Bench at Delhi in Criminal Revision No.
The appellant thereafter filed a Revision Petition, Criminal Revision number 30 D/64 in the Circuit Bench of the Punjab High Court against the order of the Sessions, Judge refusing transfer of the case.
63 D of 1964.
1 and 2 in all the appeals .
30 D of 1964 and Criminal Misc.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Later on, the appellant made an application under s. 528, Criminal Procedure Code to the Sessions Judge praying for the transfer of the case from the Court of the Sub Divisional Magistrate to another Court of companypetent jurisdiction, but the application was dismissed.
The appellant then realised that the Additional Sessions Judge, Delhi had numberjurisdiction to try and dispose of the Criminal Petition in view of the provisions of s. 193 1 of the Criminal Procedure Code and therefore applied to the Punjab High Court under s. 561 A of the Criminal Procedure Code praying that the Criminal companyplaint may be transferred to a Magistrate of companypetent jurisdiction.
86 and 88 of 1965.
N. Thukral, Additional Sessions Judge, Delhi for disposal.
in all the appeals .
Ram Lal Anand, and J. B. Dadachanji, for respondents Nos.
It is urged for the appellant, who had actually moved for the transfer of the case, that the High Court has numbersuch power.
On March 13, 1964 the learned Chief Justice of the High Court allowed the Revision Petition and also the application under s. 526 of the Criminal Procedure Code and transferred the Criminal case to the Court of Sri 1 1965 3 S.C.R. 535.
was delivered by Dayal J. Ramaswami, J. delivered a dissenting Opinion.
N. Sachthey, for respondent No.
The Judgment of Sarkar and Raghubar Dayal, JJ.
Criminal Appeals 86 88 of 1965 are brought, by special leave, against the order of the learned Chief Justice, Punjab High Court dated March 13, 1964 in Criminal Revision number 30 D/64 and Criminal Miscellaneous 63 D of 1964 transferring the companyplaint to the Court of the Additional Sessions Judge, Delhi for disposal.
The appellant also filed an application, Criminal Miscellaneous 63 D of 1964 under s. 526, of the Criminal Procedure Code in the Circuit Bench of the Punjab, High Court for transfer of the case.
Criminal appeal number 87 of 1965 is brought, by special leave, against the order of the learned Chief Justice, Punjab High Court dated March 12, 1965 refusing to review his previous order dated March 13, 1964.
N. Andley, Rameshwar Nath and Mahinder Narain, for the appellants in all the appeals .
Ramaswami, J. I regret that I do number agree to the judgment pronounced by my learned brother Dayal, J. The appellant, P. C. Gulati filed a criminal companyplaint under s. 500, Indian Penal Code against the respondents Lajya Ram Kapur and Diwan Chand Kapur in the Court of the Sub Divisional Magistrate, New Delhi.
