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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 ..... avan, Mrityunjai Singh, S. Udaya Kumar Sagar and D. Mahesh Babu, Advs. ORDER 1. The Appellant was convicted by the Additional Judicial 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot recorded in accordance with law and, therefore, the judgment convicting him was in violation of Section 243 of the Code of Criminal Procedure 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 accuse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment dated March 22, 1963 the Magistrate has said that the Appellant "pleads guilty", but the record contains no indication whatsoever as to what exactly 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 legal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused. The same view has been taken by the Calcutta High Court in Shallabala Dasee v. Emperor, ILR 62 Cal II 27 and by the Allahabad High Court in Mukandi Lal v. State, AIR 1952 Allahabad 212. In our opinion, these cases correctly lay down the law on the point. 6. It is clear that for the same reasons, the conviction of the Appellant is not sustainable. We, accordingly, set aside the conviction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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