YAKUB SAB Vs. STATE OF HYDERABAD

JUDGEMENT

(1.) This is a report by the District Magistrate at Raichur recommending that the case be sent for 'de novo' trial to the Magistrate's Court at Manvi.

(2.) Mr. Appa Rao, the learned Advocate for the accused party Yakub Sab has appeared before mo and requested that the case be treated as a revision petition against the order of conviction.

(3.) So far as the question of 'de novo' trial is concerned, I do not agree with the recommendations of the District Magistrate. The ground on which the said District Magistrate has recommended 'de novo' trial is that according to his view. Section 248 Criminal P.C. does not warrant summarry trial of cases under the Hyderabad Gaming Act. Mr. Trimbak Rao, the learned Public Prosecutor has rightly pointed out that the aforesaid interpretation of Section 248 put by the District Magistrate is not correct. The said Section has been amended in 1356 F. long before the report under consideration, was made. Under the amendment, First Class Magistrates and other Magistrates mentioned in the Section are empowered, to try summarily offences not punishable with death, life imprisonment, or punishment for a term not exceeding six months. Under the Hyderabad Gaming Act punishment under Section 5 is one month. Thus, the Magistrate was within his powers when he tried the case summarily.