ASHOK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is a criminal revision challenging the impugned judgment dated 18-8-2003, passed by VIIth Addl. Sessions Judge, Indore in Criminal Appeal No. 469 of 02, whereby the judgment and order of conviction dated 21-11-2002 passed by IInd Addl. Chief Judicial Magistrate, Indore in Criminal Case No. 18 of 02 has been set aside and remanded the case to the Trial Court with a direction to amend the charge and thereafter giving opportunity to both the sides, record the evidence of the witnesses, in necessary, and then decide the matter in accordance with law.

(2.) LEARNED Counsel for applicant submitted that applicant was convicted by the Trial Court for commission of offence under Section 7 (1) read with Section 16 (1) (a) (1) of Prevention of Food Adulteration Act and sentenced to undergo R. I. for six months with fine of Rs. 1000/ -. The aforesaid conviction was challenged by applicant and preferred an appeal. At the time of final arguments, the Public Prosecutor made a request to the Court to remand the matter to the Trial Court on the ground that the charge framed against the applicant was defective according to the allegation mentioned in the complaint and retrial of the case was necessary.

(3.) LEARNED Counsel for applicant argued that it was only an attempt to fill up the lacuna left by the prosecution during trial and by passing remand order an opportunity was afforded to the prosecution to fill up the lacuna. He has further submitted that no such order could have been passed without deciding the appeal on merits. He relied on the judgment passed by this Court in the matter of Kela Pardi v. State of M. P. 2003 (II) MPWN 77.