RATTIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Delay condoned. Leave granted. No bail.

(2.) One of the questions which arises for consideration in this petition is the effect of not committing the accused persons in terms of Section 193 of the Code of Criminal Procedure. It appears that whereas on the one hand this Court in Gangula Ashok v. State ofA.P., 2000 2 SCC 504and in Moly v. State of Kerala, 2004 4 SCC 584 has taken one view but in Vidyadharan v. State of Kerala, 2004 1 SCC 215 taking aid of Section 465 of the Code of Criminal Procedure it was held that by reason thereof the trial itself shall not be vitiated unless any failure of justice is shown.

(3.) We, therefore, are of the opinion that the matter should be referred to a larger Bench. The Registry is directed to place the papers before the Hon'ble the Chief Justice of India for necessary directions.