STATE UNION OF INDIA Vs. V L JAIN

JUDGEMENT

(1.) This miscellaneous criminal case was filed by the applicant State against an order dated 4-8-1977 passed by Additional Sessions Judge, Chhindwara in Criminal Revision No. 36 of 1076.

(2.) This petition was initially heard by learned single Judge of this Court who by his order dated 14-5-1981 observed that the complaint was dismissed because of the decision of a Division Bench of this Court and as the learned Judge felt that it needs re-consideration, the matter was placed before Hon'ble the Chief Justice and, therefore, it has been placed before this Bench.

(3.) Facts necessary for disposal of this miscellaneous criminal case are that a complaint (Criminal Case No. 2638/73) for certain contraventions of the provisions of the Mines Act. 1953 was filed in the Court of Chief Judicial Magistrate, Chhindwara on behalf of the State (Government of India) by the Regional Inspector of Mines (now designated as Joint Director of Mines, Safety, Nagpur Region, Nagpur) against the non-applicants. The Chief Judicial Magistrate, by his order dated 25-8-1976, held that the complaint was barred by time and, therefore, dismissed the complaint, A revision against this order was preferred which was heard by Additional Sessions Judge but he also dismissed the revision petition. It appears that the matter came before the learned single Judge. The records of the Courts below were requisitioned but the records were not available. But a copy of the complaint was placed before the learned single Judge and as the complaint was dismissed only on the ground of limitation, it was felt that reconstruction of the record did not create any problem.