GOBARDHAN MOHAPATRA AND ANR. Vs. STATE

JUDGEMENT

(1.) PETITIONER No. 1 Gobardhan Mohapatra and Petitioner No. 2 Ram Chandra Das, who were the driver and conductor respectively of motor vehicle No. G.R.B. 2504, have been convicted under Section 112 of the Motor Vehicles Act (hereinafter referred to as the 'Act') and have been sentenced to pay a fine of Rs. 500/ - each in default to S.I. for months each by Shri A.H. Khan, Judicial Magistrate Fast Class, Balasore, in a mobile Court. The fine was realised at the spot.

(2.) MR . Mohanty, learned Counsel appearing for the Petitioners raised the following points:

(3.) MR . Mohanty next contended that Rule 1 of the General Rules and Circular Orders of the High Court of Judicature, Orissa, Criminal Volume I Chapter I provides that the Court hours shall ordinarily be from 10.00 a.m to 5.00 p.m. But in this case the Magistrate was holding mobile Court at 7:30 p.m. which should not have done and hence the trial of the Petitioners is illegal. Mr. Mohapatra, the learned Additional Government Advocate appearing for the State, cited a decision reported in Hadu Saku v. State : 32 (1966) C.L.T. 396 wherein it was observed as follows: