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PETITIONER: ASGARALI NAZARALI SINGAPORAWALLA
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 19/02/1957
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. IMAM, SYED JAFFER MENON, P. GOVINDA KAPUR, J.L.
CITATION: 1957 AIR 503 1957 SCR 678
ACT: Criminal trial-Enactment Providing for speedy trial- Specified offences made triable only by Special Judges empowered to award heavier sentences-If violates equality before the law-Pendency of-Criminal Law Amendment Act, (XLVI Of 1952)-Constitution of India, Are. 14.
HEADNOTE: The appellant and four others were being tried before the Presidency Magistrate, Bombay for charges under s. 161 read with 116 and further read with s. 109 or s. 114 of the Indian Penal Code. During the pendency of the trial the Criminal Law Amendment Act, 952 (XLVI Of 1952) was enacted by Parliament and came into force on July 28, 952. The Act provided for the trial of all offences punishable under ss. 161, 165 or 165-A, of the Indian Penal Code, or sub-s. (2) Of s. 5, of the Prevention of Corruption Act, 1947 exclusively by Special judges and directed the transfer of all such trials pending on the date of the coming (1) [1952] S.C.R. 583. 679 into force of the Act to Special Judges. The Presidency Magistrate continued the trial and acquitted the appellant. Upon appeal by the State Gove...