HAJI FATEH MOHAMMAD Vs. REGISTRAR, PUBLIC TRUST

JUDGEMENT

(1.) THE applicant has been convicted of an offence under Section 33(1) of the Madhya Pradesh Public Trusts Act, 1951, for the contravention of the provisions of Section 13 thereof and sentenced to pay a fine of Rs. 300 or to undergo simple imprisonment for a period of one month.

(2.) THE only point taken is that the alleged trust not having been registered with the Deputy Commissioner, Nagpur, as Registrar of the public trust, but having been registered only with the Additional Deputy Commissioner on the wrong assumption that he was the Registrar of public trusts, the provisions of Sections 13 and 33 of the Act cannot apply.

(3.) ACCORDINGLY , I allow the application for revision, set aside the conviction and sentence passed on the applicant and direct that the fine if paid shall be refunded to him.