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2015 Supreme(MP) 1243

T.K.KAUSHAL
R. K. Garg – Appellant
Versus
Central Bureau Of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ambar Pare
For the Respondent: Deepak Rawal

ORDER :

Heard.

2. Present petition is directed against order dated 27-3-2014 of CJM, Indore making over the case to ACJM, Indore for its disposal as per law.

3. Necessary facts in short are that on the basis of charge sheet filed by CBI, petitioners faced a trial under sections 420, 467, 468 and 471 read with section 120-B of Indian Penal Code in the Court of Special Judicial Magistrate CBI and Economic Offence, Indore. At the stage of judgment, vide order dated 18-12-2013, Special Judicial Magistrate submitted the proceedings under section 325 of Criminal Procedure Code to CJM after giving findings of conviction in the matter so that harsher punishment may be awarded to the petitioner.

4. Learned Counsel for the petitioner submits that according to provisions of section 325 of Criminal Procedure Code, it was the duty of CJM to hear the matter himself because it does not contemplate hearing to be done by ACJM. He further submits that in impugned order making over of case has been done by CJM under sections 192 and 410 of Criminal Procedure Code for investigation/trial/disposal. Learned Counsel submits that under section 192 of Criminal Procedure Code, CJM has a right and control on the

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