SRIKANTA KUMAR PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application, invoking the inherent jurisdiction of this Court with the prayer to quash the proceedings in Miscellaneous Case No. 55/83 in the Court of the Judicial Magistrate, First Class, Banpur.

(2.) THE short facts of the case are that the petitioner was the Circle Inspector of Police at Khurda and was summoned to be a witness in G. R. Case No. 129/82 pending in the Court of the Judicial Magistrate, First Class, Banpur. The summons in question was sent to him by registered post which was returned back with the endorsement that the petitioner refused to receive the summons. After receipt of the endorsement, the Magistrate took cognisance of the offence under Section 350, Cr. P. C, and issued notice to the petitioner to show cause as to why he should not be punished under Section 350, Cr. P. C. Pursuant to the said notice to show cause the petitioner submitted a show cause indicating therein that he had never refused any postal summons and, therefore, there is no justification for proceeding against him for non -attendance of the Court. He also further stated that summons be sent to him through the Superintendent of Police, Puri, so that he can attend the Court on the date fixed. On receipt of the said show cause from the petitioner, the learned Magistrate immediately passed the impugned order convicting the petitioner under Section 350,Cr. P. C, and sentencing him to pay a fine of Rs. 100/ - (rupees one hundred) and further issued distress warrant to the Superintendent of Police, Puri for realisation of the fine amount. The petitioner, however, was fully unaware of the aforesaid order till 15 -12 -1984 when he came to know about the same on receiving a memo from the Superintendent of Police, Puri. The petitioner, therefore, filed an appeal before the learned Sessions Judge under Section 351, Cr. P. C, but the said appeal was dismissed by the learned Sessions Judge solely on the ground that it is barred by limitation.

(3.) SECTION 350 of the Code of Criminal Procedure no doubt, provides a summary procedure for punishment for non -attendance by a witness in obedience to summons. But Sub -Section (2) of the said section indicate that in such case the Court shall follow the procedure prescribed for summary trials. Procedure for summary trials is provided for under Section 262, Cr. P. C, which indicates that the procedure specified in the Code for trial of summons cases are indicated in Chapter XX more particularly in Section 251, Cr. P. C. Admittedly in the present case neither the accused appeared nor was brought before the Magistrate, the particulars of the offence of which he is accused had not been stated to him. Neither he was asked as to whether he pleads guilty nor has any defence to make and therefore, the procedure of summary trials has not been followed. The Magistrate committed gross error in convicting the petitioner merely on receiving the show cause from him. In this view of the matter this is a fit case where the impugned order of the learned Magistrate must be quashed.