STATE OF MAHARASHTRA Vs. RAMPRAKASH

JUDGEMENT

(1.) A short point which is raised on this reference made by the Additional Chief Metropolitan Magistrate is whether a case already committed by the learned Magistrate before the Code of Criminal Procedure, 1973, came into force on April 1, 1974, but which was taken up for trial by the Sessions Court after that date, should be tried under the old Code by the Sessions Court or whether it should be tried by the Magistrate since under the new Code the Magistrate is competent to try the offence.

(2.) The facts giving rise to this reference are shortly these : The three respondents were challenged by the police before the Additional Chief Metropolitan Magistrate on a charge for offences under section 120-B read with Sections 420/511, 467, 471 I.P.C. read with section 5 of the Imports and Exports (Control) Act, 1947, before the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code) came into force on April 1, 1974.

(3.) The learned Magistrate recorded the evidence and passed an order on March 18, 1974 committing the accused to the Sessions Court for trial. The record of the case was received by the Sessions Court before April 1, 1974. However, it appears that actually the case was registered by the Sessions Court in its register after April 1, 1974.