(1.) Heard learned Counsel Shri P. Gode for the applicant and Shri V.J. Dharkar for the nonapplicant.
(2.) Admit. Heard finally by consent of the learned Counsel for the parties.
(3.) The question, which has arisen for determination in the present application, is as to whether the change of Magistrate by itself will entail de novo trial in a case which is labelled as summary case. In ordinary course, if one goes by the provisions of law, the answer will be 'yes'. But this issue has been discussed at length in various judgments and particularly in the judgment of this Court in Criminal Application (APL) No.671 of 2011. It is pertinent to note that this Court has taken into consideration the observations of the Hon'ble Supreme Court in the case of Nitinbhai Saevatilal Shah Vs. Manubhai Manjibhai Panchal, 2011 AIR(SC) 3076. After having gone through the provisions of law and after having followed the crux of the judgment in Nitinbhai's case, this Court had come to the conclusion that if a case is labelled as summary case but is tried as a summons case, there will be no de novo trial automatically on change of the Presiding Officer. This Court had in detail discussed the manner in which the evidence in summary case is recorded and also the manner in which the evidence in summons case is recorded. The Court had also distinguished the provisions regulating the summary trials and summons trials.