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Rajagopala Prasad Vs. State of Mysore - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKarnataka High Court
Decided On
Judge
Reported in1968CriLJ419
AppellantRajagopala Prasad
RespondentState of Mysore
Excerpt:
.....and if that process is not followed, the aggrieved students are entitled to approach the high court and contend that the process followed is illegal and non-transparent. the whole problem is cropped up on account of the wrong process adopted by the respondent-colleges by switching over from the method of giving preference to the linguistic minorities to merit based admission. hence, in the peculiar and special facts and circumstances of the case, the admission of the petitioners except the admission given to petitioner in writ petition no.7469/2007 deserves to be protected. post graduate course in dental science: [cyriac joseph, cj & b.s.patil, j] petitioners belong to linguistic minority group - petitioners right to claim admission to the post-graduate course in dental..........to act under section 17(4) of the code. the proceedings read thus:proceedings of the sessions judgemysore district, mysore.read:- high court letter no. r.0.c. 1829/65-c.b.dated 2.11.1965, directing sri. a. panchakshariahb.a., (hons.,) ll. b., sessions judge, mysore tohand over charge on the afternoon of 7.11.1965.criminal order no. 5870-5882 dated 4.11.1965.the sessions judge, mandya is hereby empowered under section 17(4) of the code of criminal procedure for disposal of urgent matters on the criminal side of this district, as desired by the honourable high court in the above said letter, till further direction is received from the honourable high court.sd/- a. panohaktharaiah,sessions judge,mysore.after the receipt of the above proceedings, sri r. nagaraj, who was the sessions.....
Judgment:
ORDER

K. Bhimiah, J.

1. The petitioner has filed this Revision Petition against the order made by the learned Sessions Judge, Mysore, in Mysore Criminal Appeal No. 77 of 1965 confirming the conviction and sentence passed by the IInd Munsiff and First Class Magistrate, Mysore, in C.C. No. 1146 of 1964.

2. The main question for decision is whether a Sessions Judge empowered under Section 17(4) of the Code of Criminal Procedure, to be hereinafter referred to as the Code, to dispose of urgent applications by a Sessions Judge of an adjoining Division gets power to hear and dispose of criminal cases pending on the file of the adjoining Sessions Division?

3. Briefly stated, the facts necessary for the determination of the above question are as follows:

Sri A. Panchaksharaiah was working as Sessions Judge of Mysore District. He was to retire on 7.11.1965. The Registrar, High Court of Mysore, addressed a letter to Sri Panchaksharaiah which reads as follows:

Sub : Handing over charge on attaining

the age of superannuation.I am directed to request you kindly to band over charge on the afternoon of 7.11.1965 to the Civil Judge, Mysore, on Civil Side, and to make necessary arrangement for disposal of argent matters on the Criminal side, under Section 17(4) of the Coda of Criminal Procedure, by empowering the Sessions Judge, Mandya.

In pursuance of this direction by the High Court, the Sessions Judge of Mysore empowered the Sessions Judge of Mandya to act under Section 17(4) of the Code. The Proceedings read thus:

PROCEEDINGS OF THE SESSIONS JUDGE

MYSORE DISTRICT, MYSORE.

READ:- High Court letter No. R.0.C. 1829/65-C.B.dated 2.11.1965, directing Sri. A. PanchakshariahB.A., (Hons.,) LL. B., Sessions Judge, Mysore tohand over charge on the afternoon of 7.11.1965.Criminal Order No. 5870-5882 dated 4.11.1965.The Sessions Judge, Mandya is hereby empowered Under Section 17(4) of the Code of Criminal Procedure for disposal of urgent matters on the Criminal side of this District, as desired by the Honourable High Court in the above said letter, till further direction is received from the Honourable High Court.

Sd/- A. Panohaktharaiah,

Sessions Judge,

Mysore.

After the receipt of the above proceedings, Sri R. Nagaraj, who was the Sessions Judge of Mandya at that time issued the following proceedings:

PROCEEDINGS OF THE SESSIONS JUDGE

AT MANDYA.

READ :-(1) High Court letter R.0.C. No. 1829/85 C.B. dated 2.11.1965, directing the Sessions Judge, Mysore to make in-charge arrangements for the disposal of urgent Criminal matters etc.

(2) Proceedings No. Crl. No. 5870-5882, dated 4.11.1965 of the Sessions Judge, Mysore empowering the Sessions Judge, Mandya, to dispose of urgent Criminal matters of Mysore District.

CRIMINAL


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