LAWS(MPH)-2008-4-99

MADHAWRAO Vs. STATE OF M P

Decided On April 11, 2008
Madhawrao Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) THIS revision can be disposed of finally at this stage only without notice to the proforma respondents No. 2 to 4 as they are co -accused with the applicant. Accordingly, further arguments are heard and following final order is being passed.

(2.) THIS revision arises out of order dated 17.3.2008 passed by learned Judicial Magistrate First Class, Biaora, District Rajgarh in Criminal Case No. 100/05.

(3.) THE copy of the Amendment Act is on record and the language used therein do not show any intention of the legislature for application of these provisions to the pending cases and, therefore, in view of the provisions of section 6 of the General Clause Act of section 10 with M.P. General Clauses Act, the repeal of the previous procedure does not effect the pending cases. The general principle as embodied in the General Clause Act is that "unless a different intention in cases of repeal appears repeal does not effect legal proceedings, which were pending on the date of the repeal.