STATE OF MAHARASHTRA Vs. FULCHAND DAGADOO

JUDGEMENT

(1.) These seventeen applications can be conveniently decided by a common judgment.

(2.) It would be sufficient to give a few facts of one of these case. In Criminal Application No. 1127 of 1977 the matter arose from an order passed by the Judicial Magistrate, First Class (Railways), Aurangabad, in C.C. No. 725/75. The accused (the respondent in this application) is alleged to have committed offences under Sections 279 and 337 of the I.P.C. The accused was arrested on 16th march, 1975 and was released on bail. The police investigated the matter and then filed the charge-sheet on 30th April, 1975. This charge-sheet was numbered as Criminal Case No. 725 of 1975. The learned Judicial magistrate passed order dated 6th June, 1977 that the charge-sheet should be returned to the police with direction that the accused be arrested when available and thereafter the charge-sheet should be produced along with the accused. The Magistrate further observed that with this direction the case should stand disposed of.

(3.) As far as the facts of the rest of the applications are concerned, suffice it to say that all these cases arose out of the charge-sheets filed by the police under one or other section of the I.P.C. and the same Magistrate has passed a similar order for returning the charge-sheet.