YOGESH GANORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS is an application under Section 439 read with section 439 (1) (b) of the Code of the Criminal Procedure, 1973 (hereinafter referred to as 'the Code') for regular bail in connection with M. J. C. No. 02/07 of the Court of Chief Judicial magistrate, Jabalpur and crime no. 546/06 of the Police station Ranjhi, Jabalpur.

(2.) ACCORDING to the facts of the case, the prosecutrix lodged the FIR in the Police Station Ranjhi, Jabalpur and the crime No. 546/06 was registered under Section 376 of the indian Penal Code against the applicant, but during investigation, the police found that no case is made out against the applicant and, therefore, a 'khatma' report was submitted by the concerned Police Station. The Chief Judicial magistrate issued the notice to the prosecutrix on this 'khatma' report and thereafter, the statements of the prosecutrix and her witnesses were recorded and then the court took the cognizance against the applicant. Thereafter, the non-bailable warrant was issued against the applicant.

(3.) AN anticipatory bail application was filed by the applicant before the Court of Session but it was dismissed as not pressed because a revision petition was filed against the order of the Chief Judicial Magistrate. After rejection of revision petition, another application for anticipatory bail was filed in the Sessions Court and the same was allowed vide order dated 12. 10. 2007 with the conditions that the order shall remain in force for 30 days and in the meanwhile, the applicant, if so desires, may move an application for regular bail. Thereafter, the applicant moved an application under section 439 of the Code, but the same was rejected by the sessions Court vide order dated 2. 11. 2007 on the ground that this application is not maintainable directly in the Sessions court because an application under Section 437 of the Code should have been filed in the Court of Chief Judicial magistrate before filing an application under Section 439 of the Code.