DURGA PRASAD Vs. NAGAR PALIKA NIGAM

JUDGEMENT

(1.) The petitioner was convicted by the Municipal Magistrate (Mobile Court) Lashkar for offences under the Municipal bye -laws (the Traffic Bye -laws framed under the Gwalior Municipal Act, Samvat 1968 and the Wheel Tax Bye -laws framed under the Gwalior Municipal Act, Samvat 1993, which bye -laws are alleged by the prosecution to be in force and are deemed to be so under the M. B. Corporation Act No. 23 of 1956 hereinafter called the Act). The complaint against the petitioner was that he was riding a bicycle which had no bell and on which the token indicating the payment of wheel -tax was not exhibited. The learned Magistrate found the accused guilty and imposed a fine of Rs. 3 on him. His appeal has been dismissed by the Additional Sessions Judge, Gwalior.

(2.) IN my opinion the whole trial was illegal in asmuch as the learned Magistrate could not take cognisance of the offence. Section 396 of the Act runs thus:

(3.) IT is unnecessary to go into the other questions raised before me by Shri Misra.