MADAN LAL Vs. STATE

JUDGEMENT

(1.) This judgement will dispose of Cr. R. No. 304 and 308 of 1973 which present an identical aspect. The petitioner in both the petitions is Madan Lal. One of these petitions arises out of the allegation that on 22-3-1973 while driving mini bus No.DLP 4848 Madan Lal was stopped at about 2-30 p.m. and the challenging officer submitted to Shri M R. Gupta, the averments contained in a printed form being No. 3604. He alleged that he had found Madan Lal driving the vehicle with 24 passengers in it while only 18 passengers could have been carried by the mini bus. The alleged offence mentioned in the printed form submitted to the Magistrate, was; '4.38 (7)' 112'. It was not stated in ink that 4.38 (7) 112, were the provisions contained in any particular enactment. In the printed portion I find :-

(2.) The other petition arises out of the allegation that Madan Lal was stopped while driving the same mini bus on 20-3-1973 carrying in it 24 passengers while he could have carried only 18. The printed form submitted by the challenging officer and the proceeding that followed were identical to those noticed above. Mr. M. K. Gupta, Judicial Magistrate 1st Class to whom the printed form were submitted, was to proceed in accordance with the provisions contained in Chapter 20 of the Criminal Procedure Code, hereafter called "the code". Sections 242 and 243 in the Code may be reproduced :-

(3.) Section 243 of the code is exceptional in as much as even while admitting that he has committed the offence the accused may furnish his explanation showing sufficient cause why he should not be convicted. If both the provisions are scrutinized together, their combined effect would be that the accused will have the opportunity of showing cause against the conviction even when admitting the commission of the crime and that he will be able to do only when the particulars of the alleged offence, are stated to him. What does the phrase "the particulars of offence" imply? It means that the Magistrate is required by section 242 to put to the accused the precise and particular circumstances constituting the offence. Unless the accused is faced with the allegations which according to the prosecution may be making out an offence he will be unable to admit or deny each one of or any of the circumstances alleged against him and where he may be admitting the commission of the crime it shall not be possible for him to show sufficient cause that he even then should not be convicted. It is therefore, an imperative requirement that the particulars of the offence must be stated to the accused.