Wrongful restraint _ Assault _ Summary trial _ Evidence recorded by one Magistrate and the judgment was delivered by another Magistrate _ Such action was not a curable irregularity but an illegality _ New Magistrate had no option but to again record the evidence and complete the trial _ For the matter under the IPC which are tried summarily under chapter XXI it is not open for the Magistrate to chose whether the case is to be tried summarily or as a summons case _ Section 326(3) of Cr.P.C. would not be applicable to summary trials _ Conviction and sentence of the applicants set aside.
Pratibha Pandurang Salvi & ors. Vs. State of Maharashtra & anr. 2010 (2) LJSOFT 125
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