MOHAMMED JAVED ABDUL WAHAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for both sides.

(2.) By the present Application, the Applicant has questioned the order dtd. 30/4/2024 passed below Exhibit-1 in RCC No. 224/2018 (State V/s Mohd. Javed & Ors.) by the Chief Judicial Magistrate, Buldhana, whereby the case has been committed to the Court of Sessions on the ground that offence under Sec. 467 of Indian Penal Code is punishable upto life imprisonment which may extend to ten years i.e. of severe nature, and the Chief Judicial Magistrate is empowered only to inflict punishment upto seven years. While exercising the powers, no reasons are recorded to justify the commitment of proceeding to the Sessions Court.

(3.) The undisputed facts of the present case is that Informant/Suman Rajput lodged a complaint against the present Applicant which was registered vide Crime No. 682/2018 for the offence punishable under Ss. 420, 467, 468, 471, 170, 171 read with Sec. 34 of Indian Penal Code. After registration of offence, the Investigating Officer has conducted investigation and filed chargesheet against the present Applicant before the Chief Judicial Magistrate, Buldhana. Accordingly, cognizance of the matter was taken by the Chief Judicial Magistrate and framed charges against the Applicant and recorded evidence of the parties. After recording of evidence, matter was fixed for recording statement of Applicant/Accused under Sec. 313 of the Code of Criminal Procedure.