Court : Madhya Pradesh
Decided on : Apr-23-1974
Reported in : AIR1975MP163
Tare, C.J. 1. This order shall also govern the disposal of Criminal Revision No. 159 of 1971 (Rev. Stainislaus v. The State of M. P.). 2. On a report made by the Circle Inspector, Balodabazar, dated 9-3-1970, and on a complaint made by him on 23-5-1970, the Sub-divisional Magistrate, Balodabazar, sanctioned prosecution of the petitioner for the alleged offences under Sections 3, 4, 5 (2) and Section 6 of the Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968 (No. 27 of 1968), by Order, dated 23-10-1970, in exercise of the powers delegated to him by Section 7 of the said Act. Accordingly, an offence was registered and Criminal Case No. 1195 of 1970 was initiated in the Court of the Magistrate, 1st Class, Balodabazar. 3. The petitioner raised a preliminary objection as to the tenability of the prosecution contending that the Act was ultra vires the powers of the State legislature, as it did not fall within the scope of Entry No. I to List II and Entry No. 1 to List III of the Seventh Sched...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-14-1974
Reported in : 1975CriLJ713
P.K. Tare, C.J.1. This order shall govern the disposal of both the cases mentioned above. These are references under Section 438 of the Code of Criminal Procedure. 1898, made bv the Fourth Additional Sessions Judge, Jabalpur, and the Fifth Additional Sessions Judge. Jabalpur. respectively recommendinp that the committal orders, dated 30-3-1973 and 21-4-1973, passed bv the Juvenile Court. Jabalpur, in Criminal Case No. 120 of 1972 and Criminal Case No. 54 of 1973, respectively, committing the respective accused to stand his trial in the Sessions Court for an alleged offence under Section 376, I. P. C, be quashed on the ground that in view of the provisions of the Madhya Pradesh Bal Adhiniyam. 1970. a Juvenile Court alone has the jurisdiction to hold an inquiry and consequently, the Sessions Court has no jurisdiction to proceed with the trial of the respective accused.2. In the present case, the two accused, Ramesh and Shivram alias Munna, who are boys aged about 14 and 11 vears respecti...
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