AIR 1960 RAJASTHAN 288 ::1960 RajLW 383 ::ILR (1960) 10 Raj 1027

Rajasthan High Court

Hon'ble Judge(s): J. S. Ranawat, D. M. Bhandari , JJ

(A) Prisons Act (9 of 1894) , S.45, S.46, S.52— Offences under Penal Code also falling within definition of prison offence in S.45 - Ordinary Criminal Courts have jurisdiction to try them - No ouster of jurisdiction by Prisons Act. The Prisons Act does not contain any provision ousting the jurisdiction of the ordinary criminal courts to try offences under the Penal Code which are also prison offences mentioned in S. 45 of the Act. Section 52 does not purport to take away the jurisdiction of ordinary Courts of law. Where a regular challan or a complaint is instituted, the ordinary Courts of criminal law can proceed with @page-Raj289 the inquiry and trial of the cases, notwithstanding the fact that such offences may also fall in the definition of prison offences under S. 45 of the Prisons Act. In order that the jurisdiction of the ordinary criminal Courts may be deemed to have been ousted, it is necessary that the provision of such ouster must be either express or at least by necessary implication.(Para 4) (B) Prisons Act (9 of 1894) , S.45(2)— Offence u/S.45(2) Prisons Act corresponds to offence u/S.352 Penal Code and not u/S.353 Penal Code - Offence by prisoner falling within S.353 Penal Code is cognizable - Police taking cognizance and submitting chall....