GUJARAT AGRO INDUSTRIES Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner the Gujarat Agro Industries through Mr. Goradia Manager had filed a complaint against respondent No. 2 Valji Arjan inhabitant of Block No. 15 Anandnagar Rajkot alleging that respondent No. 2 was guilty of an offence punishable under sec. 420 of the Indian Penal Code. It was a warrant triable case and during the proceedings in the case the learned Chief Judicial Magistrate Rajkot framed a charge against the accused. The charges was read over and explained to the accused but the accused pleaded not guilty to it. The following point for determination was framed by the learned trial Magistrate:-

(2.) The second ruling cited by Mr. Thakkar Which I consider apposite to the subject is a ruling in the case of STATE OF ORISSA V. 5TH CHARAN SINGH REPORTED IN AIR 1965 ORISSA PAGE 157. The relevant passages run as under:

(3.) The two authorities which I have considered above are based upon the provisions of the Criminal Procedure Code which was in existence prior to the enactment of the Code of Criminal Procedure 1973 It is submitted before me by Mr. P. M. Thakkar as well as by Mr. K. J. Vaidya the learned Public Prosecutor that the relevant provisions in the Code of Criminal Procedure 1973 are pari materia with the corresponding provisions of the Code which was in existence prior to the new Code. Since there is no statutory change effected on the concerned point the duty of the Magistrate in a case wherein the charge has been framed would continue to be the same.