STATE OF GUJARAT Vs. BANSIDHAR NARMADASHANKAR JANI

JUDGEMENT

(1.) These 12 revision applications filed by the State of Gujarat against the same opponent, namely, Bansidhar Narmadashankar Jani serving as Agricultural Assistant in the Land Conservation Department, arise from identical orders of discharge issued by the learned Chief Judicial Magistrate, Kutch at Bhuj, in Criminal Cases Nos. 3633, 3634, 4117, 4118, 4119, 4120, 4121, 4122, 4123, 4124, 4125, and 4126 all of 1992, respectively.The opponent is served but he has not appeared. As the opponent has been discharged on the ground of limitation in all the criminal cases, all the 12 matters are being heard and decided together at the request of the learned Public Prosecutor.

(2.) The opponent who was serving as Agricultural Assistant in the Land Conservation Department was charged for the committing offences punishable under Secs. 409, 420, 465, 467 and 468 of I.P.C. After the charge was framed, the opponent submitted applications in the aforesaid 12 cases under Sec. 239 of the Criminal Procedure Code for discharge by contending that at the relevant time as an Agricultural Assistant in the Soil Conservation Department, he had acted under the Provisions of Sec. 23(1) of the Land Improvement Schemes Act, 1944 (hereinafter referred to as the "said Act") and so he could not be prosecuted after six months from the date of the alleged offence. The offences related to the period between 16-6-1974 and 19-10-1974 but the opponent was not prosecuted within six months, thereafter, as provided sub-sec. (2) of Sec. 23 of the said Act. The learned Chief Judicial Magistrate accepted this contention and held that the opponent should not be prosecuted in respect of anything done under the Act after six months from the date of the alleged offence. The opponent was accordingly discharged by the learned Chief Judicial Magistrate by the order dated 29-1-1994. These orders have been brought under challenge in these revision applications.

(3.) The relevant Sec. 23 of the Act reads as under :