RAM CHAND Vs. THE STATE

JUDGEMENT

(1.) IN this reference under section 438 of the Criminal Procedure Code, an Additional Sessions Judge of Delhi has made a recommendation for setting aside the conviction of Ram Chand under section 421 of the Municipal Corporation Act 1957 and sentence of fine of Rs. 2/ - or in default of payment of fine to suffer seven days' simple imprisonment.

(2.) RAM Chand was prosecuted under sections 417, 421 and 461 of the Delhi Municipal Corporation Act, 1957. He was tried summarily and convicted and sentenced as mentioned above by Shri Balbir Singh, Magistrate First Class, Delhi. No appeal was competent against this order as the sentence was one of fine of Rs. 2/ - only, but Ram Chand went up in revision to the Court of Session assailing his conviction and the legality of his trial. The learned Additional Sessions Judge, being of the opinion that the allegations made against Ram Chand did not constitute an offence under section 421 of the Delhi Municipal Corporation Act, has forwarded the records of the case to this Court with the recommendation that his conviction be quashed and sentence set aside.

(3.) SECTION 263 of the Criminal Procedure Code prescribes the nature of the record that has to be kept in non -appealable cases. Though it is stated that in such cases the Magistrate need not record evidence of witnesses or frame a formal charge, yet he is required to enter in such form as the State Government may direct, various particulars detailed in this section. One of such particulars being "the offence complained of and the offence (if any) proved..."