1939 (3) TMI 8 - HC - Indian Laws

Summary

Issues:
1. Jurisdiction of the High Court to revise orders passed by the Sub-Divisional Officer under the Mirzapur Stone Mahal Act.
2. Applicability of Criminal Procedure Code in cases under the Mirzapur Stone Mahal Act.
3. Appeal and revision process under the Mirzapur Stone Mahal Act.

Analysis:
The judgment addresses four references from the District Magistrate, Mirzapur, under Section 561-A, Criminal P.C., concerning orders by the Sub-Divisional Officer related to prosecution under the Mirzapur Stone Mahal Act. The Sub-Divisional Magistrate dismissed the cases due to prosecution default. The High Court can revise orders of Criminal Courts only under Section 561-A, Criminal P.C. The Act specifies that offences are to be tried by the Assistant Collector, not a Magistrate, as per Sections 15 and 18. Section 18 outlines the appeal and revision process, stating decisions by the Assistant Collector are appealable to the Collector, and decisions by the Collector are appealable to the Commissioner. The Local Government holds the power to revise decisions under the Act.

The judgment clarifies that appeals and revisions under the Mirzapur Stone Mahal Act are to be made to the Collector and Commissioner as per the law in force. The Local Government can revise decisions under the Act. The Criminal Procedure Code applies only to search warrants under the Act, where a Magistrate issues the warrant. Special Acts like the D.P. Municipalities Act provide for trials by Magistrates and references to the High Court, unlike the Mirzapur Stone Mahal Act. The Act specifies appeals and revisions to be made to the Collector, Commissioner, or Local Government, without provisions for High Court intervention. Therefore, the High Court lacks jurisdiction to interfere with orders by the Sub-Divisional Officer under the Act, leading to the rejection of the references.