RAMCHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision is directed against the order dated 22-9-2001 passed by the 1st Addl. Sessions Judge, Neemuch in S. T. No. 204/2000 framing charges under Sections 27 and 29 of the M. P. Vinirdishta Bhrastha Acharan Nivaran Adhiniyam, 1982 and overruling the objection raised by the accused-applicants as to the tenability of the prosecution.

(2.) THE offences in question are said to have been committed in between 17-1-1989 and 20-2-1995. Initially the charge-sheet was filed directly in the Sessions Court in the year 1997. However, the charge-sheet was returned to the prosecution on 31-8-2000 for being presented before the Magistrate for committing the case to the Court of Sessions. The charge-sheet was accordingly represented before the CJM, Neemuch on 31-8-2000 who in turn committed the case to the Sessions Court and which ultimately led to passing of the impugned order giving rise to this revision.

(3.) IT is a common ground that both the aforesaid provisions i. e. , Sections 27 and 29 of the M. P. Adhiniyam, 1982 have been omitted w. e. f. 13-5-1998. It will be, thus, seen that these penal provisions were not in existence on the book of statute on the date when the charge-sheet was filed and when the charges were framed against the applicants.