RAM RATAN Vs. EMPEROR THROUGH BSHIVA SHANKAR SHARMA

JUDGEMENT

(1.) IT is clear that the Cantonment Magistrate took cognizance of this case under Sub-section (1), Clause (c) of Section 190 of the Code of Criminal Procedure. He was, therefore, bound under the provisions of Section 191 to inform the accused before any evidence was recorded that he was entitled to have the case tried by another Court. This was not done in the present case and, therefore, the proceedings before the Cantonment Magistrate were illegal. I accordingly set aside the conviction and sentence and direct that the accused be re-tried by another Magistrate to whom the Magistrate of the District may refer the case for trial.