This petition under Section 482 of the Code of Criminal Procedure

(hereinafter referred to as "Code") has been filed assailing the order dated

26.08.2023 passed by 16^th Additional Sessions Judge, Jabalpur in Criminal

Revision No.168/2023 (Shiv Pal Singh Chouhan vs. State of M.P. and another)

whereby revision preferred against the order dated 26.04.2023 passed by

Sushri Saifi Tajir Tamanna, learned JMFC, Jabalpur was challenged but same

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Signed by: BIJU BABY

Signing time:

10/5/2023 1:37:37 PM

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has been dismissed on the ground that order passed by learned JMFC is

interlocutory in nature.

2. The facts out of which the present petition arises, briefly stated are

thus:

The petitioner along with one other is facing trial for commission of

offence under Sections 409, 420, 467, 468 of IPC before learned Judicial

Magistrate First Class, Jabalpur. Learned Judicial Magistrate First Class

recorded the evidence of the prosecution and the defence and at the stage of

final hearing passed a cryptic order dated 26.04.2023 that, in her opinion,

accused are guilty of the aforesaid offences and that the accused ought to

receive a punishment different in kind from, or more severe than, which the

Magistrate is empowered to inflict and directed the accused persons and

learned prosecutor to remain present before the Chief Judicial Magistrate.

3. Learned counsel for the petitioner has submitted that learned Judicial

Magistrate without hearing the prosecution and the defence and without

considering the evidence of prosecution and defence has formed an opinion

that accused persons are guilty for commission of offences which is against the

procedure and settled position of law. Therefore, learned counsel for the

petitioner has prayed to set aside the impugned orders passed by the Courts

below.

4. On the other hand, learned counsel for the State has supported the

impugned orders passed by the Courts below and has prayed for dismissal of

the petition.

5. Section 29 of the Code deals with sentences which the Magistrate

may pass. Section 29 reads as under:

29. Sentences which Magistrate may pass.-(1) The Court of a Chief

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Judicial Magistrate may pass any sentence authorized by law except a sentence

of death or of imprisonment for life or of imprisonment for a term exceeding

seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of

imprisonment for a term not exceeding three years, or of fine not exceeding

10[ten] thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of

imprisonment for a term not exceeding one year, or of fine not exceeding [five]

thousand rupees, or of both.

(4) The Court of a Chief Metropolitan Magistrate shall have the powers

of the Court of a Chief Judicial Magistrate and that of a Metropolitan

Magistrate, the powers of the Court of a Magistrate of the first class.

6. Under Section 29(2) of the Code, the Court of a Magistrate of the

first class may pass a sentence of imprisonment for a term not exceeding three

years, or of fine not exceeding 10,000/- rupees, or of both. Section 29 of the

Code lays down the extent of the sentences which a Chief Judicial Magistrate, a

Magistrate of the First Class, and a Magistrate of the Second Class, by his

original jurisdiction is competent to inflict. He cannot exceed the limit

prescribed by the Section and pass a sentence which he is not authorized to

pass. It would therefore be clear that if the Magistrate come to the conclusion

that the petitioner was guilty of the offences under Sections 409, 420, 467, 468

of IPC, in view of the provisions contained in Section 29(2) of the Code she

would not be in a position to award punishment to the petitioner.

7. Sections 322 to 325 of the Code deals with the powers of the Judicial

Magistrate First Class regarding transfer of the case in certain situation to the

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Signed by: BIJU BABY

Signing time:

10/5/2023 1:37:37 PM

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file of the