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Issues: Whether the amendment to the First Schedule of the Code of Criminal Procedure transferring specified offences from the Magistrate of the First Class to the Court of Sessions applied to cases already pending before the Magistrate of the First Class on the date of its publication, and whether such pending cases had to be tried de novo by the Court of Sessions or sent back to the Magistrate of the First Class.
Analysis: The amendment contained no express saving clause or transfer provision dealing with pending cases. The Court applied the settled principle that a law bringing about a change in forum does not affect pending actions unless the statute clearly indicates that pending matters are to be transferred or otherwise affected. On that basis, the amendment was held not to divest the Magistrate of the First Class of jurisdiction over cases already pending as on the date of the amendment. If such pending cases had been committed to the Court of Sessions in the meanwhile, they were required to be sent back for trial according to law.
Conclusion: Pending cases before the Judicial Magistrate First Class on 22.2.2008 were not affected by the amendment and were to continue before that court. Cases already committed to the Court of Sessions were to be remitted to the Judicial Magistrate First Class.
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