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TMI Blog2017 (10) TMI 1654X X X X Extracts X X X X X X X X Extracts X X X X ..... edure - HELD THAT:- Reliance is placed by the learned Counsel for the Appellant upon the judgment of this Court in the case of KAUSHALYA DAS VERSUS STATE OF MADRAS [ 1965 (5) TMI 52 - SUPREME COURT] , wherein this Court reproduced the observations of the learned Magistrate, where it was held that 'Section 362(2)(A) of the Criminal Procedure Code has no application in a case where the accused p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate, First Class, Sangareddy Under Section 252 of the Code of Criminal Procedure, 1973 (for short, the Code of Criminal Procedure) for the offence punishable Under Section 9(1) of the A.P. Gaming Act, since he was found conducing matka (a game) near Vysya Bank, Sastry Road, Sadasivpet. The conviction was recorded and matka chits and a sum of ` 130/- were recovered from him. The way the conv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dure In his judgment the Additional Judicial Magistrate, First Class, Sangareddy, had merely stated as follows: ....The contents of the charge sheet read over and explained to him in Telugu to what he pleaded guilt. I am satisfied that the plea of the accused is voluntary and I accepted the same... The learned Magistrate had not recorded the words used by the Appellant. 4. Reliance is placed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xactly the Appellant admitted before the Magistrate. In our opinion, the requirements of Section 243 of the Code of Criminal Procedure are mandatory in character and a violation of these provisions vitiates the trial and renders the conviction legally invalid. The requirement of the section is not a mere empty formality but is a matter of substance intended to secure proper administration of justi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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