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Madhya Pradesh High Court · body

2008 DIGILAW 581 (MP)

Madhawrao v. State of M. P.

2008-04-11

W.A.SHAH

body2008
ORDER 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 accused-applicant as well as respondents No.2 to 4, co-accused, were facing trial before the learned Court below for offences punishable under section 409, 467, 468 and 471 of the Indian Penal Code and the case was at the stage of delivery of the judgment. The amendment in the Criminal Procedure Code was effected by the State Legislature with the assent of the President of India. By the amendment incorporated in the Criminal Procedure Code offences punishable under sections 467, 468 and 471 became triable by the Court of Sessions instead of being triable by Judicial Magistrate First Class. The learned Magistrate, therefore, applying the provisions of section 323 of the Code of Criminal Procedure committed the case to the Court of Sessions, aggrieved thereby the present revision has been presented. 4. 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. 5. In view of the above, the order impugned is without jurisdiction. Accordingly it deserves to be and is hereby set aside. The learned Magistrate is directed to dispose of the case himself according to law. This revision accordingly stands allowed and disposed of.