S PREM KUMAR Vs. S I OF POLICE

JUDGEMENT

(1.) THIS case reveals a very sorry state of affairs, where the petitioner who has not appeared before the trial Court, has been convicted for an offence under Sec. 75 of the Madras City Police Act and sentenced to pay a fine of Rs. 200 in default to suffer rigorous imprisonment for six weeks.

(2.) THIS application has been filed invoking the inherent powers of this Court under Sec. 482, Criminal Procedure Code, to call for the records in A. P. C. No. 8320 of 1989 on the file of the VII Metropolitan magistrate, George Town , Madras, and to set aside the conviction and sentence imposed on the petitioner.

(3.) AFTER this petition was admitted, the entire records were called from the VII Metropolitan Magistrate, Madras , and it was seen that no summons had been issued, for the appearance of the petitioner before the Court below. I directed the VII Metropolitan Magistrate, Madras, to meet me and on such meeting, I questioned him on the basis of the records relating to this case about the non-issuance of summons, and he frankly admitted that no summons had been issued, but the person shown as the accused was produced before him by the concerned police, on 1. 8. 1989 and on such person pleading guilty, being satisfied, he convicted and sentenced the said person. Regarding non-obtaining of the signature of the accused, when his plea was recorded the learned magistrate stated that under Sec. 281 (6), Cr. P. C. , it will not be necessary to obtain the signature of the accused, in a summary trial proceeding.