S.S.SARAF
Shoukilal – Appellant
Versus
State of M. P. – Respondent
This is a criminal revision under Section 397 read with Section 401 Cr.P.C., against the order dated 24.12.1999 passed by the learned Additional Sessions Judge. Sakti, district Bilaspur in criminal revision No. 177/99, quashing the order dated 7.5.1999 passed by the learned Additional Chief Judicial Magistrate, Sakti in Criminal Case No. 1991/98 whereby the charges under Section 406 and 427 IPC were not framed against the petitioner.
The petitioner was prosecuted for offence under Section 420, 406 and 427 IPC in the Court of learned A.C.J.M. Sakti. On 7.5.1999, the learned Magistrate considered the framing of charge and found that offence under Section 420 IPC alone is made out. After observing that no offence under Section 427 and 406 IPC is made out the learned Magistrate directed that the case be put up after some time. It was also observed by the learned Magistrate that no offence under Section 379 IPC is made out against the petitioner, as it was argued on behalf of the prosecutor that offence under Section 379 IPC is also made out against him.
Aggrieved by the above order, the respondent/State filed a revision petition before the Court of Sessions. The learned ASJ, Sakti
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