(1.) THIS criminal revision under section 397 read with section 401 of the Code of Criminal Procedure is directed against the judgment dated 24.6.94 delivered in criminal appeal No. 21/92 by 1st Addl. Sessions Judge, Betul confirming the judgment delivered by the learned JMFC, Betul in criminal case No. 385/91 on 10.6.92.
(2.) THE applicant has been convicted under section 409 IPC by the learned trial Magistrate and was sentenced to six days RI. Undisputedly the applicant has already undergone that sentence. However, the applicant filed an appeal against the judgment of the learned trial Magistrate before the learned, 1st Addl. Sessions Judge, Betul, who has confirmed the judgment delivered by the learned JMFC.
(3.) THEREFORE , the matter was handed over to the police for investigation and after investigation a charge sheet was filed for an offence punishable under section 409 IPC. Accordingly, the applicant was charged for commission of an offence under section 409 IPC.