KISHORCHANDRA BHANUSHANKER Vs. BHAVNAGAR MUNICIPALITY

JUDGEMENT

(1.) This reference arises out of the following circumstances: she complainant in this case is the Chief Officer of the Bhavnagar Borough Municipality and he filed a complaint against one Kishorchandra Bhanushanker for having constructed a shed without permission of the municipality and thus committed an offence punishable under sec. 155 of the Gujarat Municipalities Act. The complaint was filed on 20-10-1966. The accused was given to understand that the case will be taken up on 8 the proceedings of the case show that on 8-11-1966 the plea of the accused was recorded and he pleaded not guilty to the charge. It appears that the case was adjourned for several times. Ultimately on 16 the learned Magistrate recorded what purports to be a statement of the accused under sec. 342 of the Criminal Procedure Code to the effect that the allegation are correct and that the accused has committed a mistake and he has constructed the shed without permission. The trial Magistrate then convicted the accused for the offence punishable under sec. 155 of the Gujarat Municipalities Act and fined him Rs. 20.00. The learned Magistrate recorded his reasons as follows:

(2.) Mr. Nanavati learned Asstt. Govt. Pleader having gone through the record of the case conceded that he cannot support the order of the learned trial Magistrate.

(3.) The offence punishable under sec.155 of the Gujarat Municipalities Act is punishable with fine only. It was therefore. agreed before me that the trial to be followed in such a case is that of a summon case which is provided for in Chapter XX of the Code of Criminal Procedure. Sec. 242 provided that when the accused appears or is brought before the Magistrate the particulars of the offence of which he is accused shall be stated to him and he shall be asked if he has any cause to show why he should not be convicted. Sec. 243 provides that if the accused admits that he has committed the offence of which he is accused his admission shall be recorded as nearly as possible in the words used by him; and if he shows no sufficient cause why he should not be convicted the Magistrate may convict him accordingly. Then follows sec. 244 which so far as material for our purposes reads as follows: