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Judgment
8 paragraphs · 169 wordsArnold White, C.J.—There is no doubt that this case ought to have been tried as a warrant case and not as a summons case. If it had been
tried as a warrant case, it would have been the duty of the Magistrate u/s 252 of the Code of Criminal Procedure to take such evidence as might
be produced in support of the prosecution; and the accused could not have been called upon to plead until after a charge had been framed and
read and explained to him (Section 255).
The Magistrate appears to have convicted the accused u/s 243, on an admission made by the accused, without taking any evidence and without
framing a formal charge. It seems to me this is something more than an irregularity, and that the accused may possibly have been prejudiced by the
procedure adopted by the Magistrate.
The conviction must be set aside. As the accused has served his term of sentence, there is no object in ordering a new trial.