BINDESHWARI MANDAL Vs. BIRJU MANDAL

JUDGEMENT

(1.) The 2nd Additional Sessions Judge of Bhagal-pur has made this reference under Section 432 of the Code of Criminal Procedure. He has expressed the opinion that the provisions of Sections 260, 263 and 264 of Chanter XXII of the Code of Criminal Procedure (hereinafter to be referred to as the Code) violate the fundamental right guaranteed under Article 14 of the Constitution, and are, therefore, void under Article 13. He has also observed that there is a denial of fair trial to a person who is tried in a summary way under these sections.

(2.) I propose first to consider the place of summary trial in the scheme of the Code and its salient features. Offences have been divided into four classes in the Code according to their gravity for the purpose of trial, and correspondingly four different modes of trial have been provided for. The most serious offences which call for a more severe punishment than imprisonment for two years are, with the exception of cases triable by Magistrates empowered by the State Government under Section 30 of the Code to be tried by the High Court or a Court of Session. A rather elaborate procedure for a trial before these Courts has been laid down. Under Section 4(W),

(3.) The important points to be noted in connection with summary trials are :