SAMADHAN TUKARAM THAKRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application is filed challenging the judgment and order dated 17-10-2007 passed by the Additional Sessions Judge, Khamgaon in Criminal Case No.172/2008.

(2.) Brief facts of the case are as under :-

(3.) The Special Judge then embarked on recording evidence on 29-7-1997 in all 15 witnesses were examined by the prosecution and the last one was examined on 13-7-1998. Vide Pursis Exh. 126 the prosecution has closed its side on 27-7-1998. On 1-8-1998 the then Special Judge passed an order below Exh.1 to the effect that the case was posted for statement of accused. The learned Special Judge found that charge framed originally and explained to the accused for the offence under Section 3 of the E.C. Act, does not specify the contravention of any order, enactment or ordinance promulgated by the State Government. So It is not desirable to proceed with the trial as a Special Court. The learned APP was, therefore, requested to enlighten the Court as to which ordinance, order or enactment of the State Government was contravened to invoke the provisions of Section 3r/w Section 7 of the E.C. Act. With this order the recording of statement of accused under Section 313 of the Code of Criminal Procedure was postponed.