STATE OF CHHATTISGARH Vs. BHUGDEV

JUDGEMENT

(1.) This judgment shall also dispose of Criminal Appeals No. 212/2001 (State Vs. Dhaneswar Prasad), No. 213/2001 (State Vs. Ghanshyam), No. 214/2001 (State Vs. Roshanlal), No. 215/2001 (State Vs. Shyamlal), No. 216/2001 (State Vs. Phoolbai) and No. 320/2001 (State Vs. Lalmati).

(2.) Present are the appeals under Section 377 of the Code of Criminal Procedure. The appellant/Stale being aggrieved by the judgments dated 20-12-2000 delivered by the learned Judicial Magistrate, First Class, Raigarh, convicting the appellant under Section 36 of the M.P. Excise Act, 1950 and sentencing him till rising of the Court and pay fine of Rs. 10.00, has preferred these appeals.

(3.) Learned counsel for the Slate submits that though present are the cases where the State has filed an appeal under Section 377, Cr.P.C., but this Court must exercise its power under Section 397/401, Cr.P.C, because the Court below illegally framed the charges punishable under Section 36 of the M.P. 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. He also submits 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 M.P. Excise Act, had framed the charges under Section 36 of the Act. He submits that present arc the fit cases for setting aside the orders passed by the learned Court below.