MD ISLAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Shakil Ahmad Khan, learned Counsel appearing on behalf of petitioner and learned Counsel for the State.

(2.) THIS revision application is directed against judgment and n of conviction and sentence dated 9 -9 -1993 passed by the First Additional Sessions Judge, Gaya, in Criminal Appeal No. 85 of 1990/51 of 1991. confirming the judgment and order of conviction and sentence passed by the learned Magistrate dated 23 -5 -1990 in G.O. Case No. 342 of 1985 appertaining to Trial No. 195 of 1990 convicting the petitioner under Section 52(1) of the Bihar Regional Development Authority Act (hereinafter referred to as the Act) and sentencing him to undergo simple imprisonment for six months.

(3.) IT appears that the prosecution report (Exhibit -4) under Section 52(1) of the Act was filed against the petitioner in the Court of Chief Judicial Magistrate alleging therein violation of Section 35 of the Act. The learned Chief Judicial Magistrate, after taking cognizance of the offence on the basis of the prosecution report, transferred the case to the Court of Judicial Magistrate, first class, for trial. The learned Magistrate, on the basis of evidence, found the petitioner guilty punishable under Section 52(1) of the Act and, accordingly, the petitioner was convicted and sentenced.