( 1 ) THIS is a petition u/s. 482 of the Cr. P. C. . ('the Code' for short ). Gangadhara Shetty, the petitioner, has prayed to extend the benefit of the provisions contained in S. 4 of the Probation of Offenders Act ('the Act' for short) to prevent the abuse of the process of the Court or otherwise to secure the ends of justice. The petitioner has filed his affidavit in support of the prayer and has also produced the certified copy of the judgement and order, dt. 16-1-1989 made by this Court in Criminal Revision Petition No. 271/1988.

( 2 ) THE record is perused.

( 3 ) THE learned counsel for the petitioner and the learned Additional State Public Prosecutor are heard.

( 4 ) THE matter arises in this way : the petitioner was tried of the offences punishable u/ss. 279, 337 and 338 of the Penal Code by the Judicial Magistrate First Class, Thithahalli, in C. C. No. 369/1984 on his file. The prosecution adduced evidence in support of the accusation. The learned trial Magistrate on consideration of the evidence held that the offences alleged against the petitioner had been brought home beyond reasonable doubt. The trial Magistrate convicted the petitioner of the offences