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



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