MUNICIPAL COMMITTEE SIRSA Vs. KIRPA RAM SHADI RAM

JUDGEMENT

(1.) THIS is a reference under Section 438 of the Criminal Procedure Code by Shri m. L Puri Sessions Judge of Hissar, for setting aside an order of acquittal of the respondent by a Magistrate First Class at a summary trial.

(2.) THE Municipal Committee, Amritsar, filed a complaint against the respondent, complaining of an offence under Section 219 of the Punjab Municipal Act. The case was tried by Shri R. S. Pathania, Magistrate First Class Sirsa, in exercise of summary jurisdiction that vested in him. The learned Magistrate, at the conclusion of the trial, acquitted the respondent without recording a detailed order or giving the reasons for the same. The laconic order passed by him reads as follows:" heard. Acquitted. " on an application for revision of the order having been made by the complainant-Committee, the learned Sessions Judge has recommended to this Court that the acquittal be set aside for the following reasons:-"the case being appealable one, it was incumbent on the Magistrate to record substance of the evidence in the case and also to record a judgment before passing the sentence. This is evident from Section 264 of the Criminal Procedure Code. The learned Magistrate, however, did not make compliance with the above-referred provision, and he simply recorded the order "heard. Acquitted. " This is no judgment in the eye of law, and as such it cannot be up held. "

(3.) THE learned Sessions Judge does not appear to have properly interpreted sections 264 and 414 of the Criminal Procedure Code, and the recommendation made by him is misconceived. The procedure for the trial of summary cases is laid down in Sections 262 to 265 of the Criminal Procedure Code. Section 262 merely lays down that at such trials, the procedure prescribed for summons cases shall be followed in summons cases. and the procedure prescribed for warrant cases shall be followed in warrant cases, except as hereinafter mentioned. Section 263 of the criminal Procedure Code prescribes how the record for the cases in which no appeal lies is to be prepared. The opening words of this section run as follows:-"in cases where no appeal lies, the Magistrate or Bench of Magistrates need not record the evidence of the witnesses or frame a formal charge; but he or they shall enter in such form as the State Government may direct the following particulars:-