FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REFERENCE CASE NO. 1 OF 2009 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri S.D.Kaldate, APP for the petitioner ..... CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATED : 29.09.2009 1 This is a reference made by the Judicial Magistrate, First Class, Chalisgaon under Section 318 of the Code of Criminal Procedure, in respect of R.C.C. No. 366 of 2006. 2 The respondent – Jahanara Bablu Bangali was charged for the offence punishable under Section 363 A(i) of the Indian Penal Code. The accused engaged a lawyer to defend herself. The trial was conducted and after recording statement under Section 313 of the Criminal Procedure Code, by judgment and order dated 17.7.2009, the trial Court convicted the respondent/accused for offence punishable (2) under Section 363 A(i) of the Indian Penal Code. On the same day, advocate for the accused submitted that the accused could not understand the proceeding and, therefore, the matter be sent to the High Court under Section 318 of the Criminal Procedure Code. Learned A.P.P. objected to the same. 3 Learned Judicial Magistrate, First Class, Chalisgaon accordingly referred the matter to the High Court under Section 318 of the Code of Criminal Procedure. 4 We have perused the provisions of Section 318 of the Code of Criminal Procedure and the judgment delivered by the learned Judge. Original R. and Ps. Was called for. We have perused the same. 5 Considering the scheme and object of the provisions of Section 318 of the Code of Criminal Procedure, we find that it is incumbent on the Trial Court to arrive at a finding, as to whether the accused had understood or not the court proceedings of inquiry or trial. (3) 6 We find that the Judicial Magistrate, First Class, Chalisgaon has not reached any such finding. The reference of this nature could be considered by the High Court only after a finding is reached by the trial Court considering the provisions of Section 318 of the Code of Criminal Procedure. 7 We, therefore, pass following order. The issue is referred back to the Judicial Magistrate, First Class, Chalisgaon. The learned Judge is directed to record a finding as envisaged under Section 318 of the Code of Criminal Procedure and as observed by us above. Registry is directed to send the R. and Ps. back to the Trial Court forthwith. (SHRIHARI P. DAVARE, J.) (NARESH H. PATIL, J.) dbm/crrc1.09