CHARAN SINGH Vs. EMPEROR

JUDGEMENT

(1.) Charan Singh, applicant, was convicted under Section 5 of the Motor Vehicles Act, fined Rs. 50 or two months simple imprisonment in default, and had his license cancelled for the remaining portion of the year 1925; that is to say, about nine months from the date of the order. The facts of the case were that the Superintendent of Police personally saw the accused driving in what he regarded as a grossly negligent and dangerous manner. He stopped him and took his address, directing him to appear for examination in driving. The Reserve Inspector reported that applicant was not qualified to hold a license, and the license was therefore, cancelled by the Superintendent of Police.

(2.) Thereupon Charan Singh put in an application to the District Magistrate stating the facts, and asserting that the cancellation of the license without conviction was illegal. The District Magistrate sent the application to the Superintendent of Police with the following remark : "For favour of report. Paragraph 18 appears to be the only section applicable. Do you want to prosecute;" The Superintendent of Police replied that, in the circumstances, the best plan was to let the case go to Court, when he would ask for the cancellation of the license. The papers were then sent to the City Magistrate "for necessary action." The City Magistrate tried the case summarily, recording the offence complained of under Section 279, Indian Penal Code, and convicting under Section 5 of the Motor Vehicles Act.

(3.) It is first urged that, in effect, there being no complaint or police report on the record, the City Magistrate took cognizance on his own initiative under Section 190C. He did not, however, give the accused the opportunity prescribed by Section 191 of trial by another Court, and, therefore, the conviction is bad. In my opinion this is an incorrect view of what took place. Although the proceedings preliminary to prosecution were very informal, I take it that the District Magistrate's order : "To City Magistrate for necessary action," was in effect an order taking cognizance of the case, and transferring it for trial to the City Magistrate.