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PETITIONER: ANANT GOPAL SHEOREY
Vs.
RESPONDENT: THE STATE OF BOMBAY
DATE OF JUDGMENT: 22/05/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER
CITATION: 1958 AIR 915 1959 SCR 919
ACT: Criminal trial-Amendment in procedure during pendency of trial-If retrospective-Code of Criminal Procedure (V of 1898), S. 342 A-Criminal Procedure Code (Amendment) Act (26 of 1955),s. 116.
HEADNOTE: A complaint was filed against the appellant on January 13,1953, and the Special Magistrate trying him commenced the recording of evidence on July 4, 955. During the trial the Criminal Procedure Code (Amendment) Act (26 of 955) came into force on January 2, 1956, which introduced s. 342 A in the Code of Criminal Procedure. The appellant made an application to the Magistrate claiming the right to appear as a witness on his own behalf under s. 342 A in disproof of the charges made against him. The Magistrate rejected the application on the ground that S. 342 A could not be applied to pending proceedings which would be according to the procedure laid down in the unamended Code: Held, that on a plain construction of s. ii6 of the amending Act which provided for procedure to be followed in pending cases S. 342 A was clearly applicable in such cases. Under the general law also a change in procedure operates retrospectively.