State vs Sadhu Singh

Khan, J.—The Noorabad Police put up a Challan before the Special Judge, exercising powers under the Madhya Bharat Public Security Act for charges under Sections 302, 307 and 149 I.P.C. On the facts disclosed by the Police, the Special Judge framed charges under Sections 302, 307, 149, 324, 325 and 326 I.P.C. Thereafter the Court returned the Challan to the Police on the ground that it was incompetent to try the case under Sections 149, 324 325 and 326 I.P.C. The Police has filed this revision against the return of the Challan.

The learned Government Advocate concedes that the Special Judge is not empowered to try offences under Sections 324, 325 and 326 I.P.C. But be contends that the Special Judge can try an offence u/s 149 I.P.C. But this point has been considered in Sukhram vs. State Criminal Revision No. 99 of 1956 and my learned brother Dixit J. has held that a Special Judge constituted under the Madhya Bharat Public Security Act of 1953 is not competent to try a case u/s 149 I.P.C. According to the Supreme Court decisions Nanak Chand Vs. The State of Punjab, and Pandurang, Tukia and Bhillia Vs. The State of Hyderabad, section 149 I.P.C. creates a specific offence and in the list of offences triable by the Special Judge, this offence is not included. I agree with my brother that the Special Judge is not competent to try an offence u/s 149 I.P.C.

For reasons stated above, the revision is dismissed.