Madhya Pradesh High Court
Ramjeet Shukla vs The State Of Madhya Pradesh on 19 June, 2019
1 MCRC-16630-2019
The High Court Of Madhya Pradesh
MCRC-16630-2019
(RAMJEET SHUKLA Vs THE STATE OF MADHYA PRADESH)
1
Jabalpur, Dated : 19-06-2019
Shri Anand Dutt Mishra, learned counsel for the applicant.
Shri Kush Singh, learned AG for the respondent/State.
This petition under section 482 of the Cr.P.C has been preferred against the order dated 20/03/2019 passed by the First Additional Session Judge, Amarpatan District Satna in Criminal Revision No.37/2018 confirming the order dated 29/06/2018 passed by JMFC, Amarpatan District Satna in Criminal Case No.1028/2006 under section 409 of the IPC with regard to committal of the case to Session Court, Satna.
It is not disputed that against the applicant with regard to commission of the offence punishable under section 409 of the IPC, FIR was registered on 30/11/2005 at police station Ramnagar District Satna and the charge sheet was filed in the year 2006 and learned Magistrate framed charge on 16/02/2008 and no witness has been examined yet and by the impugned order dated 29/06/2018, learned Magistrate committed this case to the Session Judge, Satna considering the amended provision of the Cr.P.C amended by Code of Criminal Procedure (Madhya Pradesh Amendment) Act of 2007, whereby the offence punishable under section 409 of the IPC has been made triable by court of session in place of Magistrate of First Class.
Learned counsel appearing on behalf of the applicant submitted that in the present case as the charge has been framed, therefore, learned Magistrate has no jurisdiction to commit the case to the session court as held by the Apex Court in the case of Ramesh Kumar Soni Vs. State of Madhya Pradesh (2013) 14 SCC 696 and also placed reliance on the judgment of this Court passed by the Single Bench of Madhya Pradesh High Court Bench at Gwalior in Criminal Revision No.345/2014 (Rakesh Kumar Dubey Vs. State of Madhya Pradesh & another) dated 2nd July, 2014 and on the basis of the aforesaid, it is prayed that the aforesaid impugned orders be set aside.
Having considered the contention of learned counsel for the applicant and on perusal of the record, in view of this Court this petition has no merit as Hon’ble Apex Court in the case of Ramesh Kumar Soni (supra) has held that the provision of amended Act of Madhya Pradesh The Code of Criminal Procedure (Madhya Pradesh Amendment) Act of 2007 would also be applicable in pending cases and set aside Full Bench Judgment of this Court passed In 2 MCRC-16630-2019 reference: Amendment of First Schedule of Criminal Procedure Code by Criminal Procedure Code (M.P. Amendment) Act, 2007, (2008) 3 MPLJ 311]. In para 14 the Hon’ble Apex Court has observed that the questions formulated by the Full Bench of the High Court were answered in negative, holding that all cases pending in the Court of Judicial Magistrate First Class as on 22nd February, 2008 when the amendment to the First Schedule to CrPC became operative, will remain unaffected by the said amendment and such matters as were, in the meanwhile committed to the Court of Session, will be sent back to the Judicial Magistrate, First Class for trial in accordance with law.
The Hon’ble Apex Court in para 18-19 has held that change in the law of procedure operates retrospectively and unlike the law relating to vested right is not only prospective. Therefore the decision rendered by the Full Bench would stand over ruled but only prospectively as the trial of the cases that were sent back from the Sessions Court to the Court of the Magistrate, First Class under the orders of the Full Bench [Amendment of First Schedule of Criminal Procedure Code by Criminal Procedure Code (M.P. Amendment) Act, 2007, may also have been concluded or may be at an advanced stage. Any change of forum at this stage in such cases would cause unnecessary and avoidable hardship to the accused in those cases if they were to be committed to the Sessions for trial in the light of the amendment and the view expressed by us.
The aforesaid law laid down by the Hon’ble Apex Court made it clear that the aforesaid amended Act have retrospective effect. In other words, the pending cases will also be governed by amended provision however the cases sent back in compliance of the judgment of the Full Bench of this Court if pending at advanced stage will remain uneffected.
So far another judgment of Single Bench of this Court passed in the case of Rakesh Kumar Dubey (supra) is concerned in the judgment the aforesaid law laid down by the Honble Apex Court has not been dealt with, however the reference of the judgment has been made on different point. Therefore, the aforesaid judgment has not laid down correct preposition of the law. It is settled law that when the binding precedent of the Hon’ble Apex Court is ignored by the Bench of the similar strength that judgment can be ignored being per incuriam.
In the light of the aforesaid discussion, in present case when the case is pending before the Magistrate at the stage of evidence in which no evidence has been recorded yet by the Magistrate, it can’t be said that case is pending at advance stage. Apart from it, the directions given by the Hon’ble Apex Court in the judgment of Ramesh Kumar Soni (supra) is not applicable in the present case as it is not a case which was sent back in compliance of the Full Bench of this Court. Hence learned trial court and revisional court has 3 MCRC-16630-2019 not committed any legal error to reject the prayer of the applicant and by passing the order to commit the case to the Session Court has not committed any legal error. Hence the petition is dismissed being devoid of merit.
Certified copy as per rules.
(J. P. GUPTA) JUDGE TARUN tarun KUMAR Digitally signed by TARUN KUMAR SALUNKE DN: c=IN, o=High Court of Madhya Pradesh, ou=Administration, postalCode=482002, st=Madhya Pradesh, 2.5.4.20=19a265290eb7f6307d4a64122959af56e05e3d SALUN 1d609e0fd1051d7f6331251f99, serialNumber=0e7afab970b523fc5e1fd370da00347dab fa96b26cbffd08773a847c03d3115c, cn=TARUN KUMAR SALUNKE Date: 2019.06.20 14:38:52 +05'30' KE