STATE OF MADHYA PRADESH Vs. HIRALAL SUTWALA

JUDGEMENT

(1.) THE order in this case shall also govern the disposal of Criminal Revisions Nos. 403 and 407 of 1957.

(2.) CRIMINAL Revisions Nos. 402 and 403 of 1957 are references under Section 438 of the Code of Criminal Procedure by the Additional Sessions Judge, Hoshangabad, in two cases pending for trial in the criminal court below. Criminal Revision No. 407 of 1957 has been filed by one of the accused Hiralal Sutwala in whose favour also there is the reference in Criminal Revision No. 402 of 1957. As regards the last revision (Criminal Revision No. 407 of 1957), it is sufficient to say that Shri chaturvedi of Allahabad, the learned counsel for Hiralal Sutwala did not press it. In view of this, the revision will have to be dismissed. I order accordingly.

(3.) THE other two revisions, as has been stated above, involve consideration of a reference made by the Additional Sessions Judge, Hoshangabad, in which he has recommended the quashing of the charges framed against the accused who are shown as non-applicants in the two revisions. The facts of the case are as follows: on the 29th November, 1948 the accused, who are the non-applicants, were alleged to be travelling from Bombay to Kanpur. In their possession was found at itarsi an excess quantity of textiles, which at that time were controlled. The prosecutions in respect of the alleged offences are the subject-matter of the charges and the references in question.