BAL KUMAR KAUSHIK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) According to the applicant, the offence allegedly committed by the applicant is covered by the provisions of the Madhya Pradesh Recognized Examination Act 1937. As a result, the applicant cannot be tried for the offences punishable under the provisions of I.P.C. and, therefore, deserves to be released on bail. To buttress this argument reliance has been placed under Sections 4 and 5 of the Cr.P.C.

(2.) The fact that the offences punishable under the provisions of Act of 1937 have been applied in the present case is not in dispute.

(3.) The question is: whether the provisions of Sections 4 and 5 of the Code would disentitle the prosecution to proceed against the applicant for offences punishable under Sections 419, 320, 467, 468, 471 and 120-B of I.P.C., which are in addition to or at best overlapping to some extent with the offences punishable under the provisions of the Act of 1937 ?