LAXMAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) K .L. ShrivastavaI. The petitioner has been convicted on his pleading guilty and sentenced to pay a fine of Rs.800 or to undergo 15 days simple imprisonment in default of payment of fine by the Motor Vehicle Magistrate Indore.

(2.) A Rubber -Stamp Order has been made use of. An appeal preferred by the petitioner also met with a dismi5wl but the amount of file has been reduced from Rs.800/ - to Rs.300/ -

(3.) LEARNED Government Advocate pointed -out that it was for the accused - petitioner to raise objection and having failed to do so, it cannot now be challenged at this stage in a revision petition. It may be noted there is nothing on the record of the trial Court to show that the copies of the challan -papers were in fact furnished to the accused -petitioner. What follows this rubber -stamp order -sheet is the order, again reduced to the form of a rubber -stamp, this rubber -stamp order except for providing 2 or 3 blanks for inserting the amount of fine, the number of days the accused is sentenced to imprisonment. He is otherwise held to be guilty on pleading guilty to the charge. Sentencing an accused is a serious solemn function of any Judge or Magistrate and it should not be allowed to be reduced to such a mechanical rubber -stamp impression which does not bear any application of mind much less, judicial application of mind.