Judgment:
CRR No.1545/2011 Criminal Revision No.1545/2011 8.4.2013 Shri Prakash Gupta, Panel Lawyer for the State/applicant.
Shri Pradeep Naveriya, counsel for the respondent.
As prayed by the learned counsel for the parties, heard them finally.
The State has challenged the impugned order dated 23.6.2011 passed by the learned Additional Sessions Judge, Pawai, District Panna, in S.T.No.34/2011, whereby the respondent was discharged from all the charges.
The prosecution's case, in short, is that, the respondent was found transporting some minerals on a forged permit and therefore, an FIR was lodged at Police Station Pawai, Districrt Panna.
After due investigation, a charge-sheet was filed for the offences punishable under sections 379 and 467 of IPC.
Case was committed to the Sessions Court and ultimately, it was transferred to the learned Additional Sessions Judge, Pawai.
The learned Additional Sessions Judge discharged the respondents from all the charges.
By perusal of the impugned order and considering the submissions made by the learned counsel for the parties, it appears that the learned CRR No.1545/2011 Additional Sessions Judge, concentrated his order on the various charges relating to the M.P.Gond Khanij Niyam, 1996, M.P.Khanij (Avedh Khanan, Parivahan Tatha Bhandaran ka Niwaran).Niyam, 2006 and other similar provisions like Khan aur Khanij (Vikas Avam Viniyam).Adhiniyam, 1957 etc.It is no where mentioned to show that what was the difficulty to the learned Additional Sessions Judge in framing the charges of offence punishable under sections 467 of IPC.
If the respondent was transporting some minerals on the forged permit then, charge of offence punishable under section 467 of IPC could be framed.
Under such circumstances, the order dated 23.6.2011 appears to be patently wrong.
It would be proper to give one more opportunity to the learned Additional Sessions Judge, Pawai to consider the framing of charges according to the law.
Consequently, the order dated 23.6.2011 is hereby set aside.
The trial Court is directed to pass a fresh order about framing of charges after considering the position as to whether the charge of offence punishable under sections 467, 471 and 379 of IPC is made out or not.
A copy of the order be sent to the trial Court alongwith its record for information and compliance.
CRR No.1545/2011 The respondent is directed to appear before the trial Court on 7.5.2013 to participate in the proceedings.
(N.K.GUPTA) JUDGE Pushpendra