DWARKA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This miscellaneous criminal case has been instituted on an application under Sec. 482 of the Cr.P.C. filed on behalf of the petitioner/accused Dwarka Prasad. It is directed against the order dated 22.04.2013 passed by the J.M.F.C., Narsinghpur, in Criminal case No. 2139/2007; whereby, in the light of provisions of the Criminal Procedure Code (Madhya Pradesh Amendment) Act, 2007, the application filed on behalf of prosecution, was allowed and the case was committed for trial to the Court of Sessions.

(2.) The facts necessary for disposal of this miscellaneous criminal case may be summarized as hereunder: A first information report under Ss. 409, 468, 471, 477 -A and 109 of the IPC was registered against the applicant/accused Dwarka Prasad and other co -accused persons by P.S. Narsinghpur, District -Narsinghpur, on 17.09.1998. Thereafter, a final report under aforesaid offences was filed before the Court of J.M.F.C., Narsinghpur on 17.12.1998., whereon, a Criminal case No. 1369/1998 was registered in the Court of J.M.F.C., Narsinghpur. On 14.12.2001, learned Magistrate framed charges against the accused Dwarka Prasad and other co -accused persons under aforesaid offences. Thereafter, the case was posted for recording of evidence. Till 22.04.2013, statement of three witnesses namely Manoj Kumar Sinha, Assistant Registrar, Cooperative Society, Narsinghpur, Injan Singh, Society Manager and Shri Madhusudhan Sonwe, Deputy Registrar, Cooperative Society, Balaghat, were recorded.

(3.) Thereafter, an application was moved by the prosecution submitting that in view of Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 2007, the offence under Ss. 467, 468, 471 and 409 were made triable by the Court of Sessions; therefore, the case be committed for trial to the Court of Sessions. Learned Magistrate observed that the Supreme Court in the case of Ramesh Kumar Soni v/s. State of M.P., : 2013 Cr.L.J. 1738 (SC) had prospectively overruled the judgment passed by a Full Bench of Mahdya Pradesh High Court in the case of In Re Sessions Judge Jabalpur and the Additional Sessions Judge Indore reported in : 2008 (3) MPLJ 311 and held that where a trial before the Magistrate has not been concluded or where the trial has not reached the advance stage, such case should be committed to the Court of Sessions for trial. Learned Magistrate further held that in the instant case, the trial had neither been disposed of nor had reached the advanced stage; therefore, the principles laid down in the case of Ramesh Kumar Soni (supra) applied to the case. In the result, the case was committed to the Court of Sessions for trial. The case was registered as S.T. No. 151/2013 and is pending in the Court of Second Additional Sessions Judge, Narsinghpur. The certified copies of order -sheets recorded in Session Trial No. 151/2013 reveal that a fresh charge has been framed by the learned Additional Sessions Judge but no witnesses had been examined till 15.04.2015.