JUGAL KISHORE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is for setting aside that portion of the order of the Appellate Court by which the case has been remanded back for fresh trial in accordance with law.

(2.) It appears that a prosecution report had been sent to the police station indicated in Annexure-'1' by the Superintendent, University Examination, stating therein that the petitioner and a few others have been caught while using unfair means in presence of the District Magistrate and have been expelled from the Examination. Accordingly, they should be fined Rs. 2000/-, as per instruction of District Magistrate. It appears that the roll numbers of certain students have been mentioned. Thereafter, the charge-sheet has been submitted and the operative portion of the charge-sheet is as follows : -

(3.) Consequent to that the petitioner along with others had been put on trial and they have been convicted and sentenced to pay a fine of Rs. 2000/- each, in default to suffer simple imprisonment for five months. Further it appears that the substance of accusation was explained to the accused in Hindi under S.251, Cr.P.C., and they pleaded guilty. Their statements were recorded under S.252, Cr.P.C. The above accused persons, i.e., serials 1 to 11, thus were convicted under S.10 of the said Ordinance and each of them sentenced to pay a fine of Rs. 2000/- in default to suffer imprisonment for five months.