SULEMAN ADAM Vs. EMPEROR

JUDGEMENT

(1.) The first ground urged in this application is that the Magistrate who has bound the petitioners over to keep the peace has omitted to comply with the provisions of Section 115 of the Criminal P. C.. That section requires that the summons issued under Section 114 shall be accompanied by a copy of the order made under Section 112.

(2.) It is admitted by the Magistrate in the present case that that was not done. In other words, the summons was not accompanied by a copy of the order and the reason given by the Magistrate is that the Form, Cr. P. C, No. 56 G. in itself contains the substance of the order made under Section 112 and that it is, therefore, the practice of his Court to consider this form of summons to be sufficient notice to the accused of the matter with which he is charged and, therefore, to be complied with under the provisions of Section 115. Then the Magistrate goes on to say: "The order is made in English and copy of this accompanies the summons. As none of the accused understands English and the form of summons contains the substance of the order the making of the affidavits appears unduly to stress an imaginary failure to comply with legal provisions."

(3.) Where the legislature has directed certain procedure to be followed and certain forms to be adopted in a criminal case, the Magistrate ought to adhere to the law and see that no prejudice is created so far as the accused is concerned.