- (1.)TWO revision petns, one on behalf of Dr. D. S. Parchure No. 43 of 1950, and another, on behalf of the State No. 52 of 1950 have come to this Ct. against an order of the learned Ses. J. dated 7-3-1950.
(2.)BRIEFLY the facts are that on 29-10-1949 the Dist. Mag. Gwalior passed an order prohibiting Dr. Parchure to be within the limits of Gwalior District until further order. The order waft served on Dr. Parchure on 30-10-1949 at Dhar under Section 3 (1) (b), Madhya Bharat Maintenance of Public Order Act VII [7] of 1949. On 4-12-49, Dr. Parchure applied to the Dist. Mag. that he desired to enter the District of Gird and he should be permitted. He did not receive any reply and on 7 13 49 Dr. Parchure entered the District Gird, Gwalior at Panihar within the limits of District Gird. Immediately he was put under arrest and was prosecuted under Section 3 Sub-clause 7, Maintenance of Public Order Act. He was convicted by the Addl. Dist. Mag. who sentenced him to six months simple imprisionment and recommended him a special class. Against this order Dr. Parchure preferred an appeal to Seas. J. Gwalior. The Ses. Ct. allowed the appeal and reduced the sentence of imprisonment to one already undergone. He also ordered his removal to a place outside the Dist. of Gird.
(3.)AGAINST this order a revision has been preferred by the Govt. praying for enhancement of the sentence. Dr. Parchure has preferred a revision raising several law points and contending that the order of conviction was illegal, Both agree that the order of the learned Sess. J. for removal of Dr. Parchure outside the limits of Gwalior district is wrong, I agree that this part of the order is erroneous and should be set aside.
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