RAM KISHAN Vs. STATE

JUDGEMENT

(1.) THESE are the fourteen references submitted by learned Additional District Magistrate, Nagaur, recommending that the orders of the court of Sub-Divisional Magistrate, Nagaur, convicting Ram Kishan and thirteen other accused persons of the offence under sec. 34, Police Act, be set aside and the cases should be remitted to the original court for fresh trial according to law. As common question of law arises in all these 14 references, they can conveniently be disposed of by one judgment.

(2.) THE common features of the cases are that on June 4, 1968, Nagaur Police organised a raid with a view to remove certain encroachments on the public thoroughfare in Nagaur City. This step was taken under S. 34 of the Police Act. Ram Kishan and 13 others were found to have made encroachments on the public road. In respect of intrusion of each of the 14 accused persons the police prepared a memo on the spot and submitted the same to the Sub Divisional Magistrate, Nagaur. That very day the Magistrate read out the memo prepared by the police to the accused concerned and on his admission imposed a certain amount of fine on him.