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Phani Bhusan and anr. Vs. Corporation of Calcutta - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata High Court
Decided On
Case NumberCriminal Revn. No. 621 of 1951
Judge
Reported inAIR1952Cal737,55CWN712
ActsCalcutta Municipal Act, 1923 - Section 488
AppellantPhani Bhusan and anr.
RespondentCorporation of Calcutta
Appellant AdvocateSamarendra Nath Mukherjee, Adv.
Respondent AdvocateSunil Kumar Basu, Adv.
Excerpt:
- .....the municipal magistrate had committed the common error of municipal magistrates of adding to his order of fine in respect of a conviction under section 271/488, calcutta municipal act an order of threat that the accused will be penalised daily on the prayer of the corporation.2. where the accused has been punished under section 488 of the act, it is no part of the magistrate's business, either to purport to impose daily fine for offences not yet committed, or to make threats about what may happen in the future. if the order has not been complied with, it is for the corporation to apply for a separate summons in a separate case and the magistrate may then, if satisfied that the offence has been committed for any number of days, impose a further fine appropriate to that number of days.....
Judgment:
ORDER

Roxburgh, J.

1. This Rule was issued on the ground that the Municipal Magistrate had committed the common error of Municipal Magistrates of adding to his order of fine in respect of a conviction under Section 271/488, Calcutta Municipal Act an order of threat that the accused will be penalised daily on the prayer of the Corporation.

2. Where the accused has been punished under Section 488 of the Act, it is no part of the Magistrate's business, either to purport to impose daily fine for offences not yet committed, or to make threats about what may happen in the future. If the order has not been complied with, it is for the Corporation to apply for a separate summons in a separate case and the Magistrate may then, if satisfied that the offence has been committed for any number of days, impose a further fine appropriate to that number of days and so on ad infinitum or until the party does comply with the order.

3. So much of the order, dated 29-5-1951 as refers to future occurrences, is accordingly set aside.


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