STATE OF M P Vs. GAMBHIR SINGH

JUDGEMENT

(1.) This appeal under Section 378 of Cr.P.C. has been filed against the judgment dated 31.8.2009 passed by Judicial Magistrate First Class, Datia in Criminal Case No. 404/2008 by which the respondent has been acquitted for an offence punishable under Section 224 of IPC.

(2.) The necessary facts for the disposal of the present appeal is that the respondent was facing a criminal trial for offence under Sections 34 and 36 of Excise Act in Criminal Case No.32/1992 which was pending in the Court of CJM, Datia. It was alleged that the respondent had absconded from the custody of the Court and accordingly on the complaint made by the Court of CJM, Datia, an offence was registered against the respondent. The police after completing the investigation filed the charge sheet under Section 224 of IPC.

(3.) The Trial Court by order dated 7.7.2008 framed charge under Section 224 of IPC.