DUNDASINGH Vs. STATE

JUDGEMENT

(1.) THIS is a reference under Sec. 458, Cr. P.C.

(2.) THE petitioner Dundasingh is being prosecuted for an offence under Sec. 379, I.P.C. before the First Class Magistrate Kannod. On 4 -8 -1956 the learned Magistrate framed a charge against the petitioner under Sec. 379. I.P.C. and proceeded with the trial. Aggrieved by the charge framed against him, the accused Dundasingh preferred a revision -application to the Additional Sessions Judge Dewas. The learned Judge being of the opinion that in framing the charge, the trial Magistrate had not complied with the provisions of Sec. 251 -A (2) of the Cr. P.C. referred the case to this Court with a recommendation that the charge may be quashed.

(3.) TWO points arise for consideration (i) Whether in framing a charge under Sec. 254 Cr. P.C. it is incumbent on the Magistrate to hear arguments of the prosecution and the accused and (ii) Whether omission to do so vitiates the proceedings.