S CHINNASWAMY Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by one S. Chinnaswamy, the accused-appellant, against the order of the Second Presidency Magistrate, Madras convicting the accused for an offence under Section 65 of the City Police Act. I extract here below the substance of the accusation filed by the Sub Inspector of Police. On the basis of the said accusation, the charge is supposed to have been read out to the accused. The averment in the charge-sheet is as follows:

(2.) THERE is yet another infirmity vitiating the conviction of the appellant, as gleand from the records. I do not find any endorsement from the Court records that the papers filed by the police under Section 173 (4), Cr. P. C. have been served on the accused even. I have grave doubts about the accused being served with the relevant documents. On these two important legal grounds, I find the order of the Magistrate to be erroneous and against law.

(3.) THE appellant is acquitted of the offence under Section 65 of the City Police Act. The Criminal Appeal is allowed.