STATE OF CHHATTISGARH Vs. BAHADUR

JUDGEMENT

(1.) Since all the aforementioned appeals arise out of the common judgments dated 17.1.2001, 18.1.2001 and 22.1.2001, passed by the Judicial Magistrate First Class, Raigarh, they are disposed of by this common judgment.

(2.) The aforementioned appeals are filed under Section 377 of the Code of Criminal Procedure. The appellant/State being aggrieved by the aforementioned judgments delivered by the learned Judicial Magistrate First Class, Raigarh, convicting the respondents/accused under Section 36 of the C.G. Excise Act and sentencing them till rising of the Court and pay fine of Rs. 15 (in criminal appeals No. 336/2001, 338/2001, 339/2001), Rs. 5 in (criminal appeal No. 341/2001), Rs. 20 in (criminal appeal No. 335/2001) and Rs. 25 in (criminal appeal No. 332/2001), has preferred these appeals.

(3.) Counsel for the State submit that though present are the cases where the State has filed appeals under Section 377 of the Code of Criminal Procedure, this Court must exercise its power under Section 397/401 of the Code of Criminal Procedure because the Court below illegally framed the charges under Section 36 of the C.G. Excise Act while in fact the prosecution has come with the case that each of the accused was answerable to charge under Section 34 of the Excise Act. They also submit that from the proceedings recorded by the learned Judicial Magistrate, it would clearly appear that without assigning any reasons the said Magistrate instead of framing charges under Section 34 of the C.G. Excise Act, had framed the charge under Section 36 of the Act. They submit that these are the fit cases for setting aside the orders passed by the learned Court below.