SHAUKAT ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application in revision under Ss.397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter called the 'Code') is directed against the order dated 17-3-1985 passed by Shri Mahendra Prasad Gupta, 1st Additional Sessions Judge, Nawadah, in Criminal Appeal No. where by he dismissed the appeal of the petitioner and affirmed the order passed by Shri Raghupati Prasad, Special Judicial Magistrate, Nawadah, in Case No. 261 of 1984-85 convicting the petitioner under Ss.112, 123 and 125 of the Motor Vehicles Act and also under S.12 of the Motor Vehicles (Taxation) Act.

(2.) It appears that the petitioner was the driver of Jeep Taxi No. BHM 961. On 22-61984 the learned Special Judicial Magistrate along with the S.I. of Police, Nawadah had checked this jeep on the road running between Nawadah and Kadirganj. The learned Magistrate received the complaint petition of the S.I. of Police at the spot. He took cognizance then and there, allocated the case to his personal file for disposal and ordered for issue of summons to the accused fixing 9-7-1984 for their appearance. However, the learned Magistrate on the same day recorded the plea of guilty of the petitioner and found him guilty thereon at the spot. He, accordingly, proceeded to convict him under the sections mentioned above and imposed a total fine of Rs. 4100/- under Ss.112, 123 and 125 of the Motor Vehicles Act and under S.12 of the Motor Vehicles (Taxation) Act.

(3.) On appeal the learned appellate Court dismissed the same on the ground that the record of the case did not show that the relevant documents were produced by the petitioner at that time. It was further held that the statement of the petitioner was properly recorded under S.313 of the Code.