1989 (2) TMI 120

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....gment acquitting the first accused (he will be referred to as the respondent). This appeal is in challenge of the said acquittal. This Court has, in the meanwhile, called for the records from the lower court in exercise of the revisional powers of this court since the jurisdiction of the lower court was seriously doubted. 2. Learned counsel for the complainant (appellant) contended that the court below had no jurisdiction to try the case from 29-11-1984 onwards in view of Notification dated 21-11-1984 [G.O. (MS) 158/84/Home issued by the Government of Kerala]. As per the said notification the Government of Kerala, after consultation with the High Court, established a special court of Judicial Magistrate of the First Class with headquarte....

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....uch cases has been taken away. Any step other than trial can be adopted by the ordinary Magistrate's Court in such cases, according to the Counsel. 4. The word "trial" is not defined in the Code. But the word "enquiry" is defined. The Code of 1872 contained definition for the word "trial". But the Code of 1882 omitted the definition. The 1898 Code defined "enquiry" as including every enquiry other than trial, but the latter was not defined. The present Code, while retaining the definition of the word 'enquiry' without substantial change, has again omitted to define 'trial'. In the B. Co-op. D. &. C.M. Union v. Bank of Bihar (AIR 1967 S.C. 389), the Supreme Court has observed that the words 'tried' and 'trial' appear to have no fixed or u....