S V PURANIK Vs. STATE OF M P

JUDGEMENT

(1.) A charge-sheet for offences under Sections 279, 337 and 338 of the I.P.C. was submitted by police Lalbag District Khandwa against three persons, namely. Vijay Shanker, Ramchand and Nathu in the Court of AddI. Chief Judicial Magistrate, Burhanpur. As mentioned in the petition Vijayshanker is a Sub-Engineer of the Public Health Engineering Department, M.P., Ram Chandra and Nathu were respectively the Mukadam and the Mistry. That was registered as Criminal Case No. 2037 of 1984. The trial Magistrate heard the arguments regarding charge on 29/6/1984 and fixed the case for orders on 13/7/1984. The order was not ready on that day and so the case was again adjourned to 30/7/1984. The case was again adjourned to 317.1984. On that day the A.C.J.M. framed charges against Vijay Shanker, Ram Chandra and Nathu for offences under Sections 337 and 338 I.P.C. For the reasons mentioned in that order he further directed as follows: ..(Vernucular Matter Ommited).. The case was fixed for 6/9/1984.

(2.) However, on 5/9/1984 an application was submitted on behalf of Dayachand and H.C. Khanna that they having come to know about the issuance of warrants against them, they have presented themselves in the Court and so they be permitted to furnish the bail. The trial Magistrate allowed that application and directed them to be released on bail but of Rs. 3000/- each. The bail bonds were furnished and the case was adjourned to 6/9/1984. On 6/9/1984 the trial Magistrate again directed for issuance of a bailable warrant of Rs. 1000/- against Puranik and adjourned the case to 18/9/1984 for consideration of charge against Dayachand and Harishchandra. On 18/9/1984 and19/9/1984 the case was again adjourned. On 19/9/1984 an order was again passed for issuance of a bailable warrant of Rs. 1000/- against Puranik. The case was adjourned to 25/9/1984 for consideration of charge against Dayachand and Harishchandra and it was fixed for 29/10/1984 for appearance of the other accused.

(3.) The order-sheet dated 25/9/1984 reads as follows: ..(Vernucular Matter Ommited)..