ANATARSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS revision petition under section 397 and 401 Cr.P.C. is directed against summary conviction and sentence of fine of Rs. 50/ - under section 317 of the Madhya Pradesh, Rajya Sadak (Bina Ticket Yatra Rok) Adhiniyam, 1974.

(2.) THE prosecution was initiated on a complaint to the effect that the petitioner had obtained the fare of Rs. 2 -00 from each passenger but did not supply the tickets till 18 Kms. journey from destination.

(3.) IT cannot be disputed that howsoever small sentence may be, the conviction must he as a result of application of mind resulting in judicial consideration. The record of the present case reveals that the order -sheet is cyclostyled and initialed by the Magistrate. The cyclostyled part contains every thing like furnishing of copy -of the complaint and accompanying papers etc. alongwith the prayer of the accused for being tried without help of a lawyer. This then is followed by an admission scribed in hand but initialed by the Magistrate which is followed by a rubber stamp recording conviction and fine. The entire picture of the record leave this Court with no doubt that the learned Magistrate did not apply his mind at all to the facts of the case and that the so called trial was nothing but a fate accompli requiring the petitioner only to put his signatures where directed. This is so said in view of the cyclostyled order -sheet and the rubber stamp conviction.