SUNIL Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed the present revision petition under Sections 397, 401 of Code of Criminal Procedure, 1973 challenging the order dated 12-10-2011 passed by learned Judicial Magistrate First Class, Morena in unregistered Case No...72011 (Crime No. 93/11 registered at Police Station, Noorabad, District Morena) whereby the application filed by the petitioner under Section 167 (2) of Cr. PC has been dismissed.

(2.) Petitioner has been arrested in Crime No. 93/11 registered at Police Station Noorabad, District Morena for the offence punishable under Sections 147, 148, 149, 307, 327, 294, 201 and 120-B of IPC, under Sections 3 (1) (x) and 3 (2) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 25, 27 and 30 of Arms Act.

(3.) Petitioner has been arrested on 7-7-2011 and has been sent in judicial custody on 8-7-2011. When the concerning Police Station did not file the challan within 90 days of sending the petitioner in judicial custody, petitioner has filed a bail application under the provisions of Section 167 (2) of Cr. PC but the learned Trial Court has dismissed the application on the ground that the offence punishable under Sections 11/13 of M.P.D.V.P.K. Act has been added in the crime, therefore, under the provisions of M.P.D.V.P.K. Act challan is to be filed within 120 days.