ASHOK KUMAR VERMA Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) THE order dated 1st November, 1988 passed by the District Magistrate, Gorakhpur suspending the petitioner from service is being impugned in the present petition.

(2.) THE order recites that a prosecution under Sections 465/467,469/471/420/ I20-B, I. P. C. . road with Section 5 (2) of the Prevention of Corruption Act and under Sections 3/7 of the Essential Commodities Act had been launched against the petitioner, who is a clerk in the office of the District Supply Officer, and had been arrested on 28-10-1988.

(3.) IT is well settled that in a criminal case 'trial" means the whole of the proceedings including the sentence. A trial until concluded is pending. This expression means the entire proceedings before a Tribunal from the date of refe rence to it and to the date of the conclusion of the proceedings. In Asgarali, Nazarali Singapore Walla v. State of Bombay, AIR 195 V Supreme Court 503. the Supreme Court quoted with approval the meaning of the word 'pending - Stroud's Judicial Dictionary, Edn. 3, Vol. 3, p. 2141: A legal proceeding is 'pend ing" as soon as commenced and until it is concluded, i. e. , so long as the Court having original cognizance of it can make an order of the matters in issue, or to be dealt with, therein. Again the Supreme Court approved of the meaning of the word 'trial' as defined in Stroud's Judicial Dictionary, Edn. 3, of. 4. 3092: A ''trial" is the conclusion, by a competent tribunal. of questions in issue in legal proceedings, whether civil or criminal. The Court quoted with approval (R. V. Gram, 1 (1951) 1 KB 500] "the "trial' (Criminal Justice Act, 1948 (11 & 12 Geo. 6c. 58) Section 23 (1) is not complete until sentence has been passed or the offender has been ordered to be discharged. ' In the precise context, in the rule the word "until termination of all proceedings" have been used.