CRIMINAL APPELLATE JURISDICTION: Criminal Stau of West Appeal No. 88 of 1962. Bengal v. Tulsidas Mundhra Appeal by special leave from the judgment and order dated November 30, 1961, of the Calcutta High Court in Cr. R. No. 1117 of 1961. D. R. Prern, R. N. Sachthey and R. Ii. Dhebar, for the appellant. A. S. R. Chari, Ravinder Narain, J. B. Dadachanji and 0. 0. Mathur, for the respondent. 1962. September 11. The Judgment of the Court was delivered by Cl•jendragadkar, J. GAJENDRAGADKAR, ].-The principal point which the appellant, the State of West Bengal, !,as raised for our decision in the present appeal, is whether the provisions of section 540 of the Code of Criminal Procedure apply to a case tried by the Magistrate under section 207 A of the Code. That question arises in this way. On the 7th July, 1960, a charge-sheet was submitted under s. 173 of the Code by Inspector Bhuromal of the Special Police Establishment, New Delhi, in the Court of the Chief Presidency 'Magistrate, Calcutta, against Hari Das Mundhra, accused No. 1, and the respondent Tulsidas Mundhra, accused No. 2, under section 120B/409 and sections 409 and 477-A of the Indian Penal Code. On the 5th August, 1960, both the accused persons appeared before the learned Chief Presidency Magistrate and furnished bail. Thereafter, the case was transferred to M. Roy, the Presidency Magistrate 5th Court for further proceedings.
