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Quilon Municipality (N. Vasudeva Kurup Revenue Inspector) Vs. Kunju Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKerala High Court
Decided On
Judge
Reported in1954CriLJ1120
AppellantQuilon Municipality (N. Vasudeva Kurup Revenue Inspector)
RespondentKunju Pillai
Excerpt:
- koshi, c.j.1. the court before whom the accused was brought up to stand his trial for an alleged transgression of rule 31 (2) of the district municipalities act did not comply with the provisions of the criminal p. c. regarding trial of summons cases when passing final orders in the case. under section 242, criminal p. c. the substance of the accusation against him should have been explained to the accused and he should then have been asked whether he has a cause to show against his conviction. without complying with the requirements the court 'struck off' the case off the file. the order cannot be sustained, and it is hence set aside. the case is sent back to the trial court to be proceeded with according to law. the reference is accepted. order accordingly.
Judgment:

Koshi, C.J.

1. The court before whom the accused was brought up to stand his trial for an alleged transgression of Rule 31 (2) of the District Municipalities Act did not comply with the provisions of the Criminal P. C. regarding trial of summons cases when passing final orders in the case. Under Section 242, Criminal P. C. the substance of the accusation against him should have been explained to the accused and he should then have been asked whether he has a cause to show against his conviction. Without complying with the requirements the court 'struck off' the case off the file. The order cannot be sustained, and it is hence set aside. The case is sent back to the trial court to be proceeded with according to law. The reference is accepted. Order accordingly.


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