GAJENDRA SINGH RATHORE Vs. STATE OF MP

JUDGEMENT

(1.) This Criminal Revision under Sections 397 , 401 of Cr.P.C. has been filed against the judgment and sentence dated 26-9-2016, passed by Third Additional Sessions Judge to the Court of First Additional Sessions Judge, Gwalior in Criminal Appeal No.179 of 2016 arising out of judgment and sentence dated 26-2-2016 passed by J.M.F.C.,Gwalior in Criminal Case No.5831 of 2013, by which the applicant has been convicted under Section 14 of M.P. Rajya Suraksha Adhiniyam, and has been sentenced to undergo the rigorous imprisonment of 1 year and a fine of Rs.1000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present Criminal Revision in short are that an order of externment was passed against the applicant on 3-9-2012 by the A.D.M., Gwalior for a period of one year removing him from the Gwalior District and adjoining Districts of Bhind, Morena, Datia and Shivpuri. A perpetual warrant of arrest was issued by the Court of A.C.J.M., Gwalior against the applicant in criminal case No.7600/2011 and when Vinod Kumar Sharma, A.S.I., posted in Police Station Janakganj, was searching of the applicant, he found the applicant was in his house which was in utter violation of order of externment dated 3-9-2012 passed by A.D.M., Gwalior. Accordingly, offence under Section 188 of I.P.C. and 14 of M.P. Rajya Suraksha Adhiniyam was registered, and the applicant was arrested and after completing the investigation, the police filed a chargesheet against the applicant for offence under Sections 188 of I.P.C. and under Section 14 of M.P. Rajya Suraksha Adhiniyam was filed.

(3.) The Trial Court by order dated 27-1-2014 framed charges under Sections 188 of I.P.C. and under Section 14 of M.P. Rajya Suraksha Adhiniyam.