STATE OF MAHARASHTRA Vs. LALIT SHANKAR KHANDAGALE

JUDGEMENT

(1.) THIS is a petition filed by the State of Maharashtra under Section 482 of the Cr. P.C. to set aside the order passed by the learned Magistrate dated 21.3.1991 where the respondent was discharged from the commission of several offences.

(2.) HEARD counsel for the petitioner - State Ms. Usha Kejariwal and Mr. M. K. Kocharekar holding for Shri Shirish Gupte for the respondent. An F.I.R. has been lodged against the respondent along with the accused alleging offence under Section 305, 342, 384, 386. 506/ - Pt. II 120 -B of Indian Penal Code read with Sections 25, 27 of the Indian Arms Act. Most of the offences disclosed in this F.I.R. are triable by the Court of Sessions. On an application filed by the respondent for discharge on 4th March, 1991 impugned order has been passed. While passing the order impugned the learned Magistrate has gone into the materials of the case and tried to appreciate the evidence available on record. The learned A. P. P. submits that the Magistrate has committed a serious error of jurisdiction in appreciating the evidence and discharging the accused. She has also cited a decision of Supreme Court in Sanjay Gandhi v. Union of India, and Ors. : 1978CriLJ642 which shows in para 3: It is not open to the Committal Court to launch on a process of satisfying itself that a prima facie case has been made out on the merits. The jurisdiction once vested in him under the earlier Code but has been eliminated under the present code.... Under Section 227 Cr.P.C. to discharge the accused.

(3.) IN view of this the order passed by the Magistrate dated 21.3.1991 is set aside. The respondent is directed to appear before the Magistrate on 7.10.1998.