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State of Gujarat Vs. Chandubhai Shambhubhai. - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtGujarat High Court
Decided On
Case NumberCR.A/147/2001 2/2 ORDER
Judge
ActsMotor Vehicles Act - Sections 279, 337 and 338; Indian Penal Code (IPC) - Sections 177 and 184; Motor Vehicles Act - Sections 279, 337 and 338; Indian Penal Code (IPC) - Sections 177 and 184.
AppellantState of Gujarat.
RespondentChandubhai Shambhubhai.
Advocates:MRS CM SHAH, Adv.
Excerpt:
[n.ananda j.] this crl.p is filed under section 438 cr.p.c praying to enlarge the petitioner on bail in the event of his arrest in cr.no.292/2010 of k.m.doddi police station, mandya district, registered for an offence punishable under section 379 ipc......against the respondent for the offences punishable under sections 279, 337 and 338 of the indian penal code and sections 177 and 184 of the motor vehicles act. when his plea was recorded by the learned cjm, he pleaded guilty. thereupon, by impugned order dated 9.12.2000, upon plea of guilty, respondent came to be convicted for the offences punishable under sections 279, 337 and 338 of the indian penal code and sections 177 and 184 of the motor vehicles act under section 252 of the cr.p.c., and was sentenced to pay fine of rs.200/-.2. none appeared for the respondent though served.3. heard submissions advanced by mrs.shah, learned app for the appellant state. i have gone through the provisions contained in section 377 of the cr.p.c., and it is clear that the order of sentence passed by.....
Judgment:
ORAL ORDER

1. The appellant State preferred this appeal under Section 377 of the Cr.P.C., feeling aggrieved by and dissatisfied with the order of sentence passed by learned Chief Judicial Magistrate, Amreli on 9.12.2000 in Criminal Case No.64 of 2000. The respondent herein was original accused in the aforesaid criminal case and the charge sheet came to be filed against the respondent for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicles Act. When his plea was recorded by the learned CJM, he pleaded guilty. Thereupon, by impugned order dated 9.12.2000, upon plea of guilty, respondent came to be convicted for the offences punishable under Sections 279, 337 and 338 of the Indian Penal Code and Sections 177 and 184 of the Motor Vehicles Act under Section 252 of the Cr.P.C., and was sentenced to pay fine of Rs.200/-.

2. None appeared for the respondent though served.

3. Heard submissions advanced by Mrs.Shah, learned APP for the appellant State. I have gone through the provisions contained in Section 377 of the Cr.P.C., and it is clear that the order of sentence passed by the Magistrate has not been challenged before the concerned Court of Sessions. Furthermore, examining the sentences prescribed for the offences alleged against the respondent, it clearly transpires that the sentences prescribed under Sections 279, 337 and 338 of the Indian Penal Code are simple imprisonment Or fine. The offences alleged against the Motor Vehicles Act are punishable with fine only. The impugned order came to be passed in the year 2000, meaning thereby, the decade before by now.

4. In the above view of the matter and considering the facts and circumstances of the case, criminal appeal u/s.377 deserves to be dismissed.

5. The appeal is accordingly dismissed.


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