Ukakhasia Uchai Khasia vs Manipur State And Ors. on 15 March, 1955
15. This Court has power to interfere under Article 227 of the Constitution where there is illegal exercise of jurisdiction by any court or any Tribunal within the territories of Manipur State, and as the opposite party No. 2 is proceeding with the trial of the petitioner even though he has no jurisdiction to try it, this Court in the exercise of its power of superintendence is bound to interfere and set aside the orders impugned and give proper directions vide - 'Maidhan Das Agarwalla v. R. B. Medhi' AIR 1953 Assam 220 (E) in which it has been held that on the construction of relevant Gazette notifications the Special Judge at Gauhati who succeeded in office his predecessor had at no time acquired any jurisdiction or seisin under Section 7, Criminal Law Amendment Act, 1952, over the case in which a Circle Inspector of Police stood charged with an offence punishable under Section 161, Penal Code and Section 5, Prevention of Corruption Act, 1947, and his orders relating to the hearing of the case were without jurisdiction; as Shri R.B. Medhi held an appointment of officiating nature at that time. In the case before me the opposite party No. 2 does not possess the necessary qualifications of a Special Judge as laid down in Section 6(2) of the Criminal Law Amendment Act, 1952.