K V SUBBAIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) By his order dated 16.10.1967 made in Criminal Case No. 6144 of 1966 on the file of his court, the Special First Class Magistrate, Kolar Gold Fields decided that the procedure which had to be adopted for the trial of the accused (the present petitioner), was that prescribed in Section 251-A of the Code of Criminal Procedure. It is the correctness of that order that has been challenged in this criminal revision petition which has been filed by the said accused.

(2.) I have heard Sri A.C. Nanjappa, the learned counsel for the petitioner and Sri Rego, the learned Counsel appearing for the State Public Prosecutor.

(3.) The alleged offence for which the accused was being tried before the learned Magistrate, was one punishable under Section 420 of the I.P.C. It was one in regard to which the procedure prescribed by the Code of Criminal Procedure in respect of the trial of Warrant cases had to be followed. Section 251 of the Cr.P.C. states that the Magistrate shall - (a) in any case instituted in a police report, follow the procedure specified in Section 251-A; and (b) in any other case follow the procedure specified in the other provisions of that Chapter, (Chapter XXI). As to whether the procedure to be adopted was the one set out in Section 251-A, depended upon as to whether the case had been instituted on a police report. The view taken by the learned Magistrate, is, that the case is one instituted on a police report. The relevant facts which influenced the learned Magistrate, to take this view, briefly stated, are as follows: