GULZARI LAL Vs. STATE

JUDGEMENT

(1.) THE learned Magistrate in trying the accused summarily for an alleged offence punishable under Section 186, I.P.C. was clearly wrong in convicting him at the summary trial under a different section, namely, Section 353, I.P.C. The Magistrate was no doubt empowered to try an offence under Section 186 I.P.C. summarily, but an offence under Section 353, I.P.C. could not be summarily tried.

(2.) SECTION 260 of the Code lays down the limitation that offences punishable with imprisonment for a term exceeding six months cannot be summarily tried. The punishment which can be awarded under Section 353 I.P.C. may extend to two years or with fine or with both. Consequently, in view of the provisions of Section 530(q) of the Code of Criminal Procedure the Magistrate not being empowered by law in that behalf when he tried the offender summarily for an offence, punishable under Section 353 I.P.C., the proceedings were void. I therefore accept the reference, set aside the conviction and sentence of Gulzari Lal the applicant under Section 353 I.P.C. Having regard to the circumstances of the case I do not think that I should direct a fresh trial.