IN REFERENCE Vs. STATE OF M.P.

JUDGEMENT

(1.) The following question has been referred under Section 395(2) of Code of Criminal Procedure, 1973 (for short the "Cr.P.C.") by Sessions Judge, Dewas for decision of this Court:-

(2.) Briefly stated by amendment of First Schedule of the Cr.P.C. by Criminal Procedure Code (M.P. Amendment) Act, 2007 which came into force w.e.f. 22.2.2008 the offences punishable under Sections 467, 468 and 471 of the Indian Penal Code have been made triable only by the Court of Sessions instead of Judicial Magistrate First Class. In the process of transferring the criminal cases of the said offences pending in the court of Judicial Magistrate First Class to the Sessions Court, following two questions of law were referred to this Court by the Sessions Judge, Jabalpur under Section 395(2) of the Cr.P.C. for its decision:-

(3.) The said questions were decided by a Full Bench of this Court in Reference : Amendment of First Schedule of Criminal Procedure Code By Criminal Procedure Code (M.P. Amendment) Act, 2007 M.Cr.C. No.4548 of 2008 vide order dated 13.5.2008 [(2008 (3) MPLJ 311 (FB)] =[(2008) 3 MPHT 535 (FB)]. The operative paragraph of the order of the Full Bench reads as under: