RAJAGOPAL Vs. FOREST RANGE OFFICER JAMUNAMARATHUR

JUDGEMENT

(1.) The accused in C.C.No.58/2004 on the file of Special Judicial Magistrate, Tirupattur seeks quashing of the order dated 31.08.2006 of learned Chief Judicial Magistrate, Vellore remanding back the said calendar case to the Special Judicial Magistrate, Tirupattur.

(2.) According to Mr. S. Baskaran, learned counsel for the petitioner, once the trial court referred the case under section 325 CrPC to the Chief Judicial Magistrate, Vellore for imposing severe sentence, again the Chief Judicial Magistrate cannot remand back the case to the referral Magistrate. In support of his proposition, Mr. Baskaran cited In re Sundalamada Kudumban, 1942 AIR(Mad) 281. Thus, he would submit that the impugned order dated 31.08.2006 of the learned Chief Judicial Magistrate is required to be quashed.

(3.) Mrs. MF. Shabana, learned Government Advocate (Criminal Side) would submit that even the Chief Judicial Magistrate to whom the case was sent, has to deal with the case in accordance with the provisions of section 325 CrPC and the relevant provisions of Tamil Nadu Forest Act.