B S M GANGANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Respondents-2 to 5, who are arrayed as A-1, A 2, A-3 & A-5 respectively in CC. No. 539/84, on the file of the J.M.F.C., Molakalmuru, and another Sann Govindappa (A-4) in the said case, were chaiged with and tried for the offences punishable under Ss. 143, 147, 324,355,341 R/W 149 (PC and were held to be not guilty of the offences of unlawful assembly, rioting as also the Offences punishable under Ss. 324, 355, 341 R/W 149 IPC and accordingly acquitted of the said charge. They were however held to be guilty of the offence of simple hurt punishable under S. 323 IPC and were released on admonition as provided under S. 360 of the Code of Criminal Procedure, with a direction further to furnish surety in a sum of Rs. 1000/- for keeping peace for a period of one year. The State having not filed any appeal against the said order, the complainant has filed this revision questioning the legality and correctness of the order as made by the trial Magistrate.

(2.) Mr. Hanumantharaya, learned counsel for the petitioner, submitted that the Probation of Offenders Act, 1958, being in force in the State of Karnataka, as provided under S 19 of the said Act, the provisions contained in S. 562 of the Old Code of Criminal Procedure had not only ceased to apply in the Slate of Karnataka, but the provisions of S. 360 of the New Code of Criminal Procedure were also not applicable and, therefore, the order passed by the Magistrate releasing the accused on admonition under S. 360 being illegal and without jurisdiction was liable to be set aside.

(3.) Mr. Kuranga, learned State Public Prosecutor appearing for the 1st respondent-State, argued supporting Mr. Hanumantharaya and submitted that reference to S. 562 of the Old Code in S. 19 of the Probation of Offenders Act has to be construed as S. 360 of the New Cods in view of the provisions contained in S. 8 of the General Clauses Act and, therefore, the Probation of Offenders Act, 1958, being in force in the State of Karnataka, the provisions of S. 360 cannot be made use of.