PANJUMAL Vs. MUNICIPAL COMMITTEE BUNDI

JUDGEMENT

(1.) THIS is a reference by Mr. Mohammad Rafique, Additional Sessions Judge, Bundi.

(2.) PANJUMAL was convicted of an offence under sec. 130 of the Rajasthan Town Municipalities Act by the court of the City Magistrate, Bundi, and was sentenced to a fine of Rs. 30/-, on the 5th of May 1953. A revision was filed by the accused against the order of conviction to court of the Additional Sessions Judge, Bundi, who has made this reference by his order dated the 19th June 1953. The learned Additional Sessions Judge has observed that the City Magistrate failed to faithfully follow the provisions of sec. 242 Cr. P. C. inasmuch as he failed to State the particulars of the offence to the accused at the commencement of the trial. Reliance has been placed on the observations appearing in the judgments of the following cases - Upendranath Paul vs. Bankim Chatterjee (l), Express Dairy Ltd. vs. Corporation of Calcutta (2), Sukhdeo Singh vs. State (3 ).