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1953 Supreme(All) 335

V. BHARGAVA
Bohrey Lal – Appellant
Versus
State – Respondent


JUDGMENT

V. Bhargava, J. - This is a reference by the learned Additional District Magistrate of Mathura, recommending that the sentence of Bohrey Lal applicant for an offence punishable u/s 13 of the Public Gambling Act be set aside. No one has appeared for the applicant in this Court and I have heard learned Counsel for the State and have gone through the record. In my opinion, there are on sufficient reasons for interfering with the order of the trial Court. The Additional District Magistrate has begun his order of reference by saying that a number of irregularities and illegalities were pointed out to him by learned Counsel for the applicant. As it happens, the order of reference refers only to a very few irregularities and not a number of them. The first irregularity mentioned is that the trial Court did not record the plea of each accused separately but wrote the plea of all the accused jointly. It is clear from the record that the plea of all the accused was the same. The case was tried summarily and there dose not appear to be any requirement under the Code of Criminal Procedure that the plea of each accused must be separately recorded even when the plea of all the accused is

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