AJAY Vs. STATE OF M.P.

JUDGEMENT

(1.) This application is filed under section 482 of CrPC and directed against the order of committal of Criminal Trial bearing No. 2441/2007 by learned Judicial Magistrate First Class, Mhow whereby the learned Additional Sessions Judge opined that the committal of the case was necessary in the light of law laid down by Hon'ble apex Court in Ramesh Kumar Soni v. State of Madhya Pradesh, 2013 ILR(SC) 741The brief facts giving rise to this application are that the Crime No. 29/2007 was registered against the present applicant under sections 420, 467, 468 and 471 of IPC. It is alleged that he submitted forged mark-sheet regarding his date of birth to secure employment in the army. The charge-sheet was filed before the learned Judicial Magistrate First Class on 12.12.2007. The learned Judicial Magistrate framed charges on 15.7.2008. The case was subsequently fixed for prosecution evidence, however, till 26.6.2014, statement of no prosecution witness could be recorded. Thereafter, the learned Judicial Magistrate First Class in the light of the principles laid down by Hon'ble Supreme Court in the case of Ramesh Kumar Soni , committed the case for trial to the Court of Additional Sessions Judge, Mhow.

(2.) In the light of above factual backdrop, the applicant relies on the order of coordinate Bench of this Court in Rakesh Kumar Dubey v. State of M.P. and another,2014 11 MPWN 128, and prays that the impugned order of committal dated 28.07.2014 is not in line with the principles laid down by the Hon'ble apex Court as well as this Court in the case of Rakesh Kumar Dubey , and accordingly prays that the order of committal be set aside and case be remanded back to JMFC for further trial.

(3.) To decide the controversy, we may see the principles laid down by the Hon'ble Supreme Court in the case of Ramesh Kumar Soni , the Hon'ble apex Court held that the criminal procedure (Madhya Pradesh Amendment Act), 2007 came into force on its publication on 22.2.2008, therefore, it is to be seen what should be the cut of date for deciding that the provisions introduced by the Act would apply on the pending cases. Hon'ble Supreme Court held that it is the date of which charge-sheet is filed before the Court of Judicial Magistrate which would form the cut of date to decide applicability of new provisions introduced by the Act. Hon'ble Supreme Court held that it is the date of cognizance which from the basis of institution of the case because before such date no case is pending before the Magistrate.