LAXMANSINGH RAMSAHAY Vs. STATE OF M P

JUDGEMENT

(1.) 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 Vehicles Magistrate Indore.

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

(3.) THE Appellate Court has observed that the charge was properly read over to the petitioner. The order-sheet is nothing but a specimen seal impression which reads as follows :-<IMG>km_507_mplj_1986.jpg</IMG> Reading this order-sheet, it is nothing but a rubber stamp impression of a seal, it is difficult to conceive of a judicial order, being reduced to such a mechanism. The order-sheet itself proceeds on the assumption, mat copies of the charge-sheet furnished, (b) charge read-over and explained to the accused (c) accused pleaded guilty to the charge (d) order passed thereon and fine deposited by the accused, case be consigned to the record. This rubber-stamp order-sheet does not even envisage a situation where possibly an accused pleaded guilty to the charge nor does it take into account a situation in which fine may not be deposited by an accused, who might plead guilty. It cannot be gainsaid that mis small rubber-stamp contains as many as 3 different essential stages of a judicial proceeding governing a criminal trial but the same has been reduced to such a mechanised form that it loses all its judicial significance.