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PETITIONER: BHAJAHARI MONDAL
Vs.
RESPONDENT: THE STATE OF WEST BENGAL
DATE OF JUDGMENT: 11/09/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER
CITATION: 1959 AIR 8 1959 SCR 1276 CITATOR INFO : R 1963 SC 765 (17) RF 1965 SC 706 (12) RF 1987 SC1140 (3) R 1988 SC1531 (64)
ACT: Special judges jurisdiction of-Convicting of offence not specifically empowered to try-Defect of jurisdiction, if curable-West Bengal Criminal Law Amendment (Special Courts) Act, 1949 (W. B. XXI Of 1949), s. 4(2), Schedule-Criminal Law Amendment Act, 1952 (XLVI of 1952)-Code of Criminal Procedure (V of 1898), S. 529(e)-Indian Penal Code (XLV of 1860), ss. 116, 161 and 165A.
HEADNOTE: On September 6, 1952, the appellant, who was being tried by an Assistant Sessions Judge and a jury, was caught while giving a bribe to one of the jurors. By a notification dated November 27, 1952, the Government of West Bengal, acting under s. 4(2) Of the West Bengal Criminal Law Amendment (Special Courts) Act, 1949, entrusted the case against the appellant under s. 161/116 Indian Penal Code to the Special judge, Burdwan, for trial. Before this date as a result of the introduction of s. 165A in the Indian Penal Code by the Criminal Law Amendment Act, 1952, providing for punishment for abetment of offences under ss. 161 and 165, abetme...