MUBEEN KHAN & ANR Vs. SHAREEF BEG

JUDGEMENT

(1.) This petition under Section 482 of Cr.P.C. has been filed against the order dated 08.07.2011 passed by the Second Additional Sessions Judge, Ashoknagar in Criminal Case No.21/2011 by which the order dated 14.03.2010 passed by the CJM, Ashoknakar in Criminal Case No.1315/2010 has been affirmed.

(2.) The necessary facts for the disposal of the present petition in short are that the applicants were being tried for offence under Section 3/4 of Dowry Prohibition Act before the Court of JMFC, Chanderi, Ashoknagar. By order dated 11.08.2010, the JMFC, Chanderi, Ashoknagar while exercising the power under Section 325 of Cr.P.C. formed an opinion that the applicants are guilty of committing the offence but, since the Magistrate was of the view that they cannot be punished sufficiently severe therefore, the case was forwarded to the CJM, Ashoknagar to whom he was subordinate. An application was filed by the applicants before the CJM alleging that the order dated 11.08.2010 passed by the JMFC, Chanderi, DistrictAshoknagar, is not in accordance with law. It was alleged that before forwarding the accused, the Magistrate was under obligation to write the judgment of conviction and only for the purpose of hearing on the question of sentence the Magistrate should have forwarded the case to the Court of CJM, Ashoknagar. The said application was rejected by order dated 14.03.2011 passed by CJM, Ashoknagar on the ground that it was not necessary for the trial Magistrate to write the judgment of conviction but, he was only required to form an opinion that the accused is guilty which has been done by the JMFC, Chanderi, Ashoknagar. Being aggrieved by the order of the CJM, Ashoknagar filed a Criminal Revision which too suffered dismissal by order dated 8th July, 2011.

(3.) It is submitted by the counsel for the applicants that before forwarding the accused to the Court of CJM, Ashoknagar, it was mandatory on the part of the Magistrate to record the judgment of conviction and he was only required to forward the accused for hearing on the question of sentence.