IN RE Vs. STATE

JUDGEMENT

(1.) This criminal revision has been registered suo motu by this Court in exercise of powers conferred upon it by Section 401 of the Code of Criminal Procedure, 1973, on account of an unusual situation, which is described herein-under. The accused persons Rahul and Pintu were facing Sessions Trial No. 91/ 2011 for the offence under Section 302/ 34 of the Indian Penal Code in the Court of Sessions Judge, Indore. They were in jail as no bail was granted to them. After recording of the evidence, the learned Sessions Judge heard the final arguments on 11.04.2012 and thereafter on 19.04.2012, without pronouncing the judgment of acquittal, issued release warrants of the accused persons, on the strength of which the accused persons were set free by the Jail Authorities.

(2.) On a complaint being received in this regard, on the instructions of Hon'ble the Acting Chief Justice, the file of the case was seized by the District Judge (I & V) Indore and statements of the Court Reader and Stenographers attached to the office of the Sessions Judge were recorded.

(3.) On receipt of the report of the District Judge (I & V), the matter was processed by the Registry and was placed before Hon'ble the Acting Chief Justice for appropriate orders. On the basis of administrative order passed by Hon'ble the Acting Chief Justice, the present revision was registered as suo motu revision.