A TOMBA MEETEI Vs. G SATYABATI DEVI

JUDGEMENT

(1.) This revision petition is directed against the order dated 25-11-99 passed by the learned Addl. Chief Judicial Magistrate, Imphal in Criminal complaint case Nos. 3/99, 2/99 thereby inter alia ordered to proceed with the trial by following the procedure prescribed in a summon case. The learned Court below further held that the provision of Section 251, Cr.P.C. can be still complied with as the stage of the trial was only in the cross-examination of P.W. 1 who is the complainant herself. Therefore, no injustice or prejudice has been caused to any of the parties.

(2.) I have heard Mr. Ng. Premkumar, learned counsel for the Revisionist as well as Mr. Ng. Kumar, learned Counsel for the respondent.

(3.) The sole question posed for determination in this petition is, whether the complaint u/S. 499 IPC, and the punishment prescribed u/S. 500, IPC is to be tried by following the procedure prescribed in a summon case or in a warrant case. To answer this question, it would be necessary to understand what is a summon case and what is a warrant case. Summon case has been defined in Section 2(w) of the Code of Criminal Procedure. It reads :- "Summons case" means a case relating to an offence, and not being a warrant case." Further, warrant case has been defined in Section 2(x). It reads :- "Warrant case" means a case relating to an offence, punishable with death, imprisonment for life or imprisonment for a term exceding two years." (Emphasis supplied) Punishment prescribed in Section 500, IPC is simple imprisonment for two years or with fine or both.