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PETITIONER: DHIRENDRA KUMAR MANDAL
Vs.
RESPONDENT: THE SUPERINTENDENT ANDREMEMBRANCER OF LEGAL AFFAIRS TO THE
DATE OF JUDGMENT: 20/04/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 424 1955 SCR 224 CITATOR INFO : F 1958 SC 86 (22) F 1958 SC 538 (12) RF 1964 SC 370 (6) RF 1988 SC1531 (185)
ACT: Constitution of -India, Art. 14-Scope and construction of- Meaning of reasonable classification-Criminal Procedure Code (Act V of 1898), ss. 269(1), 536-Notification under s. 269(1)-Validity of-Denial of the right to be tried by jury to certain individuals-Right retained in the case of other individuals committing the same or similar offences-Defect in trial- Whether cured by s. 536.
HEADNOTE: Trial by jury is undoubtedly one of the most valuable rights which an accused can have but it has not been guaranteed by the Constitution. Section 269(1) of the Code of Criminal Procedure is an enabling section and empowers the State Government to direct (1) 75 I.A. 41 (2) 76 1,A. 10 225 that the trial of all offences or of any particular class of offences before any Court of Session shall be by jury. It has the further power to revoke or alter such an order. There is nothing wrong if the State discontinues trial b...