TMI Blog2011 (5) TMI 913X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment and order dated 13.9.1996 of this Court in Keshub Mahindra vs. State of M.P. (Criminal Appeal Nos. 1672-1675 of 1996 decided on 13.9.1996 reported in 1996 (6) SCC 129), on the following premises : (i) When this Court, by the said judgment dated 13.9.1996 quashed the charges framed against accused Nos. 2 to 5, 7 to 9 and 12 under Sections 304 (Part II), 324, 326 and 429 IPC and directed the trial court to frame charges under Section 304A IPC, this Court had before it adequate material to make out prima facie, an offence chargeable under Section 304 (Part II) IPC. Therefore, this Court committed a serious error in ignoring such material and quashing the charge under Section 304 (Part II) IPC. (ii) The evidence placed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,292 people suffering from different kinds of injuries ranging from permanent total disablement to less serious injuries. On the day following the incident, the SHO, Hanuman Ganj Police Station, suo moto, registered a Crime Case No. 1104 of 1984 under Section 304A IPC. On December 06, 1984 investigation was handed over to the CBI, which investigation stood completed, resulting in filing of charge sheets by the CBI in the Court of C.J.M., Bhopal on December 01, 1987. Since the charge sheets inter alia alleged commission of offence under Sections 304, 324, 326, 429 read with Section 35 of IPC, the case was committed by the C.J.M. to the Sessions Court as Sessions Case No. 237 of 1992 (See : Order dated 30th April, 1992). On 8th April, 1993, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst accused Nos. 5, 6, 7, 8 and 9 and under the same sections with the aid of Section 35 against accused Nos. 2, 3, 4 and 12. Applications seeking leave to file a review petition being Criminal Misc. Petition Nos. 1713-16 of 1997 in a proposed review petition stood dismissed on March 10, 1997. These applications were filed jointly by Bhopal Gas Peedith Sangharsh Sahyog Samiti (BGPSSS), Bhopal Gas Peedith Mahila Udyog Sangathan (BGPMUS) and Bhopal Group for Information and Action (BGIA). The CBI/State of M.P. did not question the said 1996 judgment or filed any review petition under Article 137 of the Constitution and instead proceeded for the next 14 years to prosecute the accused under Sections 304A, 336, 337, 338 read with Section 35 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sessions for enhancement of sentences under the existing charges. On 23rd August, 2010, CBI filed the criminal revision only after the present curative petitions were filed before this Court on August 2, 2010. All the appeals and revisions remain pending before the Court of Sessions. 4. It is clear to us that in the criminal revisions filed by the CBI and the State of M.P. the legal position is correctly stated. But the curative petitions are based on a plea that is wrong and fallacious. As noted above, one of the main planks of the curative petitions is that even though in course of trial before the Magistrate, additional evidences have come on record that fully warrant the framing of the higher charge (s) and the trial of the accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , on the basis of the material on record, it is wrong to assume that the 1996 judgment is a fetter against the proper exercise of powers by a court of competent jurisdiction under the relevant provisions of the Code. If according to the curative petitioner, the learned Magistrate failed to appreciate the correct legal position and misread the decision dated 13.9.1996 as tying his hands from exercising the power under Section 323 or under Section 216 of the Code, it can certainly be corrected by the appellate/revisional court. In fact, the revision petitions though belatedly filed by the State of M.P.and the CBI (which are still pending) have asserted this position in the grounds of revision. Moreover, no ground falling within the parameters ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
