PRAMOD WALKE Vs. STATE

JUDGEMENT

(1.) THE applicant was accused in C.C. No. 362/2002/B and has been convicted under Section 10 r/w Section 6 (though specifically not mentioned) of the Madhya Pradesh Control of Music and Noises Act, Samvat 2008 ('Act' for short) and whose conviction has been upheld by the learned Sessions Judge, Panaji by his Judgment and Order dated 20.2.2004.

(2.) THE applicant has now invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 ('Code' for short).

(3.) THE controversy that the powers under Section 482 of the Code can be independently exercised inspite of the said bar of Sub -section (3) of Section 397 of the Code, is no longer res Integra.