PRAMOD Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD .

(2.) BY this criminal revision under Section 397 of Cr.P.C., the applicant is aggrieved by order dated 25.02.2012 passed in Criminal Appeal No. 328/2011 whereby the learned Appellate Court in exercise of powers conferred under Section 386(b) and Section 397 of Cr.P.C. set aside the impugned judgement of conviction by which the applicant was convicted under Section 353 of IPC and directed the Trial Court to record the statement of Ashok Tyagi and call the record regarding the duties of Faiyaz Ali and other police personnels and after framing the questions for examination of the applicant under Section 313(1)(b) of Cr.P.C decide the matter thereafter in accordance with law.

(3.) THE police had not registered any case under Section 353 of IPC but the Trial Court framed charge under Section 353 of IPC. The accused had by no way obstructed the police staff from discharging their duties. The prosecution had failed to prove that the complainant party was working there as public servants in discharge of their duties. No such certificate was ever produced. In the appeal also, there was no such demand by the prosecution for remand or additional proof but the learned Appellate Court remanded the case 3 allowing the prosecution to fillinlacuna which it does not deserve.