CHAKRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE two petitioners have been convicted under Section 290 of the Indian Penal Code by the learned Sub -divisional Magistrate of Cuttack and each of them has been sentenced to pay a fine of Rs. 25/ - or in default suffer simple imprisonment for week days.

(2.) THE Police sent up prosecution against the accused persons on the basis of a station Diary entry lodged by a constable deputed from the Sadar Police Station of Cuttack on duty to the Barang area. It was alleged that on 30th of September, 1970, two constables while patrolling the area on duty found that the accused persons had tied their cattle on the public road. The cattle had by urinating made the public road muddy. Thereby general public had been inconvenienced in using the way. It is stated that ten days after the Assistant Sub -Inspector of Police attached to the Barang out -post visited the spot and found that the public road was really muddy on account of the cattle being tied. The accused denied the allegations of the prosecution case in their statement under Section 342 of the Code of Criminal Procedure.

(3.) A bare reading, of the judgement of the learned Magistrate shows that he lacks a sense of proportion. There are cases which require examination of points raised therein from various aspects both factual and legal. There are other cases which do not require much of consideration or deliberation and time if unduly devoted to such matters turns out to be wastage of energy as also public time. Here is an instance where by unnecessarily examining certain aspects of the matter which did not require consideration, the learned Magistrate has come to a conclusion which is very difficult to be sustained.