PHOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. petition has been filed against the order dated 8.4.2003 passed by the learned Additional Sessions Judge, Sambhar lake in Appeal No. 3/1994 whereby the learned appellate Judge whilst acquitting the petitioner from charge under Sec. 3/7 of the Essential Commodities Act has remanded the matter back to the trial Court as Judge was not having jurisdiction to try the case because the cases were instituted at that time when the Special Courts Act was in force and, therefore, the learned A.C.J.M. had no jurisdiction to try the cases. While allowing the appeal, he has again remitted back the file to trial Court for a denovo trial.

(2.) Assailing the order dated 8.4.2003, passed by the learned appellate Court, counsel for the petitioner submits that the order impugned is per se illegal and is an abuse of the process of Court. He submits that the Special Courts Act has been repealed and, therefore, their exists no Court which can now try the petitioner for the offences, which are alleged to have been committed way back in the year 1977. Thus, the retrial of accused-petitioner now would amount to abuse of the process of Court because more than 34 years have passes since the alleged incident took place. Counsel for the petitioner has placed reliance on the decision of this Court in Chirangi Lal Vs. State of Rajasthan, 1996 RLR 18.

(3.) Learned Public Prosecutor opposed the arguments advanced and submitted that the order of remand was justified.