VASUDEVA KURUP Vs. KUNJU PILLAI

JUDGEMENT

(1.) The Court before whom the accused was brought up to stand his trial for an alleged transgression of R.31(2) of the District Municipalities Act did not comply with the provisions of the Criminal Procedure Code regarding trial and summons cases when passing final orders in the case. Under S.242 Criminal Procedure Code the substance of the accusation against him should have been explained to the accused and he should then have been asked whether he has a cause to show against his conviction. Without complying with the requirements the court "struck off" the case off the file. The order cannot be sustained, and it is hence set aside. The case is sent back to the Trial Court to be proceeded with according to law. The reference is accepted. Order accordingly.