LAKHAN DIGARSE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 of Code of Criminal Procedure challenging order dtd. 21/9/2022 passed by Court of Judicial Magistrate First Class, Tehsil Pandhurna, District Chhindwara in criminal case No.884/2022.

(2.) By impugned order dtd. 21/9/2022, case was referred to Chief Judicial Magistrate exercising its power under Sec. 325 of Cr.P.C. as Magistrate could not pass sentence sufficiently severe commensurate with offence committed. Offence under Sec. 461 is punishable up to 10 years of imprisonment and Magistrate was of opinion that he cannot pass sufficiently severe order in the case, therefore, matter was referred to Chief Judicial Magistrate for passing appropriate sentence and orders.

(3.) Learned senior counsel appearing for petitioner submitted that Sec. 325(1) of Cr.P.C. would be applicable only if accused is held guilty. Opinion under Sec. 325 of Cr.P.C. has to be formulated after considering the evidence available on record. Reliance was placed upon judgment passed by this Court in M.Cr.C. No.40253/2023. Order passed by Court below is perverse and bad in law. Magistrate does not indicate that he has applied its mind. Judicial Magistrate First Class has passed order mechanically and referred the matter to Chief Judicial Magistrate after lapse of more than 16 years and order per se is illegal and deserves to be quashed.