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1 - 6 of 6 (0.21 seconds)Section 409 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure (Madhya Pradesh Amendment) Act, 1999
Ramesh Kumar Soni vs State Of Madhya Pradesh on 26 February, 2013
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.
Rajesh Kumar Dubey vs The State Of Madhya Pradesh on 25 July, 2017
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.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
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