P MUKHERJI Vs. STATE

JUDGEMENT

(1.) There is a reference under Section 438, Criminal P. C., by the Sessions Judge of Patna for quashing the conviction of Mr. P. Mukherji on the ground of illegality.

(2.) This reference cannot but be accepted. It provides a flagrant example of magisterial vagary, where all canons of justice were totally disregarded. The case is simple but the principles involved are of the highest importance to the people of this State. Mr. P. Mukherji owns the car bearing Registration No. BRA 55 and holds a driving licence whose number is 585/41. There is no dispute about that. The case of the prosecution is that at 8 P. M. on 29. 6-1955, he was driving his car near the Mithapur Railway Crossing and when the police officer on duty challenged him, he did not produce the necessary documents relating to his car, driving license, tax token etc. The police officer submitted then and there to the Sub-divisional Magistrate in charge traffic checking a report alleging commission of an offence under Section 112/12, Motor Vehicles Act, and the appellant was also produced before him. The hearing was short and quick and the appellant was adjudged guilty and sentenced to pay a fine of Rs. 25. The Magistrate recorded the following order:

(3.) The order of the Magistrate is vitiated by (i) non-observance of the prescribed procedure for trial of such cases and (ii) the absence of legal basis for conviction.