LAWS(MPH)-1987-10-21

HIRALAL GOPILAL Vs. M P STATE

Decided On October 14, 1987
HIRALAL GOPILAL Appellant
V/S
M.P.STATE Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of Miscellaneous Criminal Case No. 1880 of 86 (Mehmmood Khan v. State of M.P. and another). Both these cases arise out of applications under S. 482 of the Cr. P.C., 1973 (for short, 'the Code') and involve common questions.

(2.) The petition in Misc. Criminal Case No. 1506 of 1987 by Hiralal is directed against the revisional order dated 23-1-1987 passed by the Sessions Judge, Indore in Criminal Revision No. 115 of 1987, whereby the petitioner's conviction under S. 3/7 of the M.P. Rajya Sadak Parivahan Sewa (Bina Ticket Yatra Ki Rok) Adhiniyam, 1974 and the sentence of fine of Rs. 200/- (therein recorded by the Judicial Magistrate, First Class, Indore in summary trial, have been maintained.

(3.) Circumstances giving rise to the petition are these : Traffic Superintendent of the Flying Squad of the Madhya Pradesh State Road Transport Corporation, Bhopal, at 10.55 am., on 4-7-86, checked the bus bearing registration No. CPF 9128 near Mhow when it was on its way to Dhar. He found that the petitioner was the conductor in the bus and he had collected fare to the tune of Rs. 17/- from the passengers and despite having covered a distance of 10 Kilometres he had not issued tickets to them. He, therefore, filed a complaint before the Special Magistrate, who was holding mobile Court.