NDLI: Ramesh Kumar Soni Vs. State of Madhya Pradesh

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Retrospective operation First Schedule
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Criminal Procedure (Madhya Pradesh Amendment) Act 2007: First Schedule to Code of Criminal Procedure, 1973 - Amendment - Offences punishable u/ss 467, 468 and 471 made triable by Court of Session in State of Madhya Pradesh - Offence committed prior to amendment but charge-sheet filed after the amendment came into force - Held: Magistrate on receipt of a charge-sheet which was tantamount to institution of a case against the appellant was duty bound to commit the case to the Court of Session as three of the offences with which he was charged were triable only by Court of Session - Apart from the fact that as on the date the amendment came into force no case had been instituted against the appellant nor the Magistrate had taken cognizance against the appellant, any amendment shifting the forum of the trial had to be on principle retrospective in nature in the absence of any indication in the Amendment Act to the contrary - Appellant could not claim a vested right of forum for his trial for, no such right is recognised - Judgment of Full Bench of Madhya Pradesh High Court overruled - Prospective overruling of judgment - Retrospective operation of amendment shifting the forum - Code of Criminal Procedure, 1973 - First Schedule as amended in State of Madhya Pradesh.By the Code of Criminal Procedure (Madhya Pradesh Amendment) Act of 2007, the first Schedule to the Code of Criminal Procedure, 1973 was amended w.e.f. 22.2.2008 and, among others, offences punishable u/ss 467, 468 and 471 IPC were made triable by the Court of Session in State of Madhya Pradesh instead of a Court of Magistrate of First Class. Consequently, the Judicial Magistrates, First Class committed to the Court of Session all cases involving the relevant offences. On reference made by a Sessions Judge, a full Bench of the High Court held that all cases pending before the Court of Judicial Magistrate First Class as on 22.2.2008 remained unaffected by the amendment and were triable by the Judicial Magistrate First Class. The Court further held that all such cases as were pending before the Judicial Magistrate First Class and had been committed to the Court of Session would be sent back to the Judicial Magistrate First Class in accordance with law. Relying upon the said decision the appellant, against whom a case for offences punishable u/ss 408, 420, 467, 468 and 471 IPC was registered, filed an application before the trial court seeking a similar direction for remission of the case for trial by a Judicial Magistrate. The case of the appellant was that though the police had not filed a charge-sheet against the appellant and the investigation in the case was pending as on the date the amendment came into force, the appellant had acquired the right of trial by a forum specified in Schedule I of the 1973 Code and any amendment shifting the forum of trial to the Court of Session was not attracted. The trial court held that since no charge-sheet had been filed before the Magistrate as on the date the amendment came into force, the case was exclusively triable by the Court of Session. The High Court dismissed the revision petition filed by the appellant. In the instant appeal filed by the accused the question for consideration before the Court was: "whether the amendment is prospective and will be applicable only to offences committed after the date the amendment was notified or would govern cases that were pending on the date of the amendment or may have been filed after the same had become operative".
Judge	Honble Mr. Justice T.S. Thakur
Neutral Citation	2013 INSC 126
Petitioner	Ramesh Kumar Soni
Respondent	State Of Madhya Pradesh
SCR	[2013] 1 S.C.R. 1129
Judgement Date	2013-02-26
Case Number	353

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