Basanti vs Emperor

Daniels, J.—This is a reference by the learned Sessions Judge of Saharanpur asking that the order of the Magistrate in a proceeding u/s 247 of the U.P. Municipalities Act be set aside and a fresh enquiry ordered on the ground that the Magistrate did not comply with the provisions of Section 350, Cr.P.C. The enquiry was commenced by one Magistrate and concluded by another. The accused asked to have the witnesses re summoned before the Second Magistrate as ha was entitled to do, but this was not done. I agree with the learned Sessions Judge that the provisions of Section 350 apply to an enquiry u/s 247 of the Municipalities Act. I accordingly accept the reference, set aside the Magistrate's order, and direct that the case be re-heard.