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Issues: Whether offences under section 15 of the Uttar Pradesh Private Forests Act were triable only by a Magistrate of the Second or Third Class, so that a trial by a Magistrate of the First Class was without jurisdiction and void.
Analysis: Section 15(2) expressly states that offences under section 15 shall be triable by a Magistrate of the Second or Third Class. Section 29(1) of the Code of Criminal Procedure makes the court named in the special law the governing forum for trial of offences under that law, and only when no court is mentioned does the Second Schedule apply. The general powers in Schedule III could not enlarge jurisdiction where the special statute had already designated the trying court. The wording of section 15(2) therefore excluded a Magistrate of the First Class, even though such a Magistrate might otherwise possess wider ordinary powers. Trial by a court not so empowered attracted section 530(p) and rendered the proceedings void.
Conclusion: Offences under section 15 of the Uttar Pradesh Private Forests Act were triable only by a Magistrate of the Second or Third Class, and the trial by the Magistrate of the First Class was without jurisdiction and void.
Ratio Decidendi: Where a special statute expressly names the court competent to try an offence, the jurisdiction so conferred is exclusive and cannot be enlarged by the general provisions of the criminal procedure code or by the ordinary powers of a superior magistrate.
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