State vs Bikhabhai

Learned APP Miss Shah submitted that the case was required to be tried as summary trial, but the impugned Judgment indicates that the case was warrant triable. She also submitted that there is no order to the effect that it is undesirable to try the case summarily. She also submitted that the successor Magistrate relied upon the evidence recorded by his predecessor and therefore, the trial is vitiated.

In view of above, leave to appeal is granted. The application stands disposed of.

(BANKIM.N.MEHTA, J.) shekhar* Top