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Issues:
1. Determination of whether the case should be treated as a summons case or a warrant case based on the nature of the offense and the maximum punishment prescribed. 2. Applicability of Section 256 of the Code of Criminal Procedure in cases involving offenses with varying punishment provisions. 3. Correct procedure to be followed by the Magistrate when deciding on the nature of the case and issuing orders of acquittal or discharge. Analysis: The High Court of Calcutta addressed the appeal brought by the Union of India against an order of acquittal issued by a Judicial Magistrate in a criminal case. The primary issue revolved around whether the case should have been treated as a summons case or a warrant case based on the offense and the maximum punishment prescribed. The complaint disclosed an offense under Section 9(1)(d)(ii) of the Central Excises and Salt Act, which carried a maximum punishment of three years of imprisonment. The Court emphasized that the measure of punishment determines the nature of the case, with a warrant case involving offenses punishable with imprisonment exceeding two years. The Court examined precedents and legal provisions to determine the correct classification of the case. It was established that the maximum punishment prescribed by the statute is the key factor in deciding whether a case should be treated as a warrant case or a summons case. The judges highlighted the importance of ensuring that the Magistrate has the authority to impose the appropriate punishment based on the gravity of the offense. In this case, the Magistrate's decision to acquit the accused under Section 256 of the Code, meant for summons cases, was deemed incorrect as the offense warranted treatment as a warrant case due to the potential three-year imprisonment. Furthermore, the Court scrutinized the Magistrate's actions and previous orders in the case. Despite earlier indications that the offense deserved treatment as a warrant case, the Magistrate's order of acquittal was considered prejudicial to the appellant. The Court rejected the suggestion to construe the acquittal as a discharge under Section 249 of the Code, as it could lead to potential legal complications. Ultimately, the High Court allowed the appeal, set aside the order of acquittal, and directed the Magistrate to treat the case as a warrant case, ensuring compliance with the prescribed procedure. In conclusion, the judgment emphasized the significance of correctly categorizing cases based on the prescribed punishment to uphold procedural fairness and ensure appropriate legal consequences. The Court's decision aimed to rectify the Magistrate's error and facilitate the expeditious resolution of the case in accordance with the law.
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