Dulichand Patel Vs. the State of Madhya Pradesh - Court Judgment

Criminal Revision No.1939/2009 13.03.2013 Shri Sanjay Patel, Advocate for the applicant.

Shri Ajay Tamrakar, Panel Lawyer for the respondent-State.

It appears that the applicant was discharged from the charges of offence punishable under Sections 304, 427 of IPC vide order dated 13.8.2009 passed by the 7th Additional Sessions Judge, Sagar and it was directed that the matter may be remanded to the CJ.Sagar for trial of offence punishable under Section 286 of IPC and Section 9 of the Explosive Act.

In the aforesaid circumstances, there is an opportunity to the applicant to raise objections before the trial Court as to whether charges of offence punishable under Section 286 of IPC and Section 9 of the Explosive Act are made out or not.

Under such circumstances, present revision is disposed off with a direction that the applicant shall raise all the objections before the CJ.Sagar at the time of framing of the charges and thereafter if charges are framed, then he may file a fresh revision including the revision against the order dated 13.8.2009 passed by the 7th Additional Sessions Judge, Sagar.

A copy of this order be sent to the CJ.Sagar with an information that he may proceed with the case.

Certified copy as per rules.

(N.K.Gupta) Judge Ansari