STATE OF M P Vs. KAPOORE PHULLI GHOSSEE

JUDGEMENT

(1.) THIS is an appeal, filed by the State, under section 378 of the Code of Criminal Procedure, against the acquittal of the respondents, after permission to file an appeal against the acquittal having been granted by this Court.

(2.) BECAUSE the respondents were prosecuted for the offence under section 4 read with section 7 of the Civil Rights Protection Act, 1955, as amended in 1976, the learned Magistrate accepted an application for compounding of the offences and acquitted the respondents of those charges.

(3.) THE learned counsel appearing for the State contended that section 15 of the aforesaid Act has now been amended and the sub-clause of section 15 permitting compounding of the offences has now been deleted and in this view of the matter and in view of sub-section (9) of section 320 of the code of Criminal Procedure, the offences cannot now be compounded.