POORAN SINGH AND ANOTHER versus STATE OF MADHYA PRADESH

POORAN SINGH AND ANOTHER versus STATE OF MADHYA PRADESH

A Magistrate is not required, for offences not specified in Part A of the Fifth Schedule, to make an endorsement in terms of s.130(1)(b) of the Motor Vehicles Act; failure to make such an endorsement does not vitiate the proceedings.

Parties
Appellant: Pooran Singh; Appellant: Another (presumably co-appellant); Respondent: State of Madhya Pradesh
Jurisdiction
India
Judgment Date
03 February 1965
Procedural Posture
Criminal Appeal / Appeal by Certificate From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Procedure Under Motor Vehicles Act, Summons Endorsement Requirements
Criminal Law Motor Vehicles Law Procedure Under Motor Vehicles Act Summons Endorsement Requirements

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Parties

Pooran Singh

Appellant

Another (presumably co-appellant)

Appellant

State of Madhya Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Certificate From High Court Judgment

Legal Issues

  1. 1 Whether a Magistrate is obliged to make an endorsement on summons under s.130(1)(b) of Motor Vehicles Act for offences not specified in Part A of the Fifth Schedule
  2. 2 Whether failure to endorse the summons vitiates proceedings

Ratio Decidendi

A Magistrate is not required, for offences not specified in Part A of the Fifth Schedule, to make an endorsement in terms of s.130(1)(b) of the Motor Vehicles Act; failure to make such an endorsement does not vitiate the proceedings.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed