B MADHAVA SHENOI Vs. MOKTYAR SAHIB
HIGH COURT OF KARNATAKA
Referred Judgements :-
HONNURAMMA V. SURYANARANAPPA
RAHIM SAB V. GOVERNMENT OF MYSORE
DEOJI V. KING EMPEROR
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(1.)This is a revision petition against the order of the learned Sessions Judge, Mysore, in Criminal Appeal No. 65 of 1954 setting aside the conviction and sentence passed on the respondent-accused by the learned City Magistrate, Mysore, in C. C. No. 2635 of 1953 and directing a re-trial.
(2.)The facts that have given rise to this petition are briefly as follows :- The respondent was the accused in C. C. 2635 of 1953 on the file of the learned City Magistrate, Mysore, and he was convicted of offences under Sections 482 and 420 I. P. C. and sentenced to undergo simple imprisonment for three months and also to pay a fine of Rs. 500 and in default to undergo simple imprisonment for a further period of three months for the offence under Section 482 I. P. C. and simple imprisonment for one month for the offence under Section 420 I. P. C. The respondent-accused appealed against this judgment, and the learned Sessions Judge set aside the conviction and sentence and remanded the case for re-trial. As against that order, this revision petition is filed.
(3.)The main ground on which the learned Sessions Judge set aside the conviction is that the accused has not been examined before the charge against the respondent-accused was framed as required under Section 342 Cr. P. C., that the procedure adopted by the learned Magistrate was highly defective, not curable under Section 537 Cr. P. C., and that the trial was vitiated by this omission. It is contended on the side of the petitioner that the view taken by the learned Sessions Judge is not correct. There appears to be considerable force in this contention.
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