NISHANT
Proceedings can't be quashed merely because Judge did not have jurisdiction.
NISHANT MEHROTRA 17 Jan 2018

Proceedings can't be quashed merely because Judge did not have jurisdiction.

SC :: Proceedings can't be quashed merely because Judge did not have jurisdiction.


Ss.3 and 4 - Special Judge- Even if City Civil Judge was found to be not empowerd by issuing notification under S.3(1) to try a particular criminal case, held, that could not be a ground to quash the proceedings.


Even if the High Court found that the City Civil and Sessions judge was not empowered to try the cases, that could not ba a ground  to quash the criminal proceedings. At  the worst that would be a ground to transfer the case from that court to the court having jurisdiction to try the offence, and if no court had been empowered till than, the criminal proceedings could be kept in abeyance till the Government issues a notification conferring such power on any other court. However, since in this case the court which ordered framing of charge against the respondent was legally empowered to try the offence alleged against the respondent it is not necessary to keep the criminal proceedings in abeyance so far as  this case is concerned.


Case:

State Vs. S. Bangarappa



Did you find this write up useful? YES 0 NO 0
New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com