Mumbai Court March 1977 Judgments

Mohammad Sabir Vs. the State of Maharashtra

Court: Mumbai

Reported in: 1978CriLJ825; 1977MhLJ338

ORDERDighe, J.1. A subtle point arises for determination in this case and that is as regards the meaning of the expression 'enhancement of the sentence'. The petitioner Mahomed Shabir was proceeded against Under Section 279 of the I.P.C. The Judicial Magistrate, First Class, 8th Court, Nagpur, found him guilty and sentenced him to pay a fine of Rs. 100 or in default to undergo simple imprisonment for 15 days. In the application for revision presented to the Sessions Judge, Nagpur, following order is passed:The petition is dismissed, A copy of this judgment be sent to the R.T.O. Nagpur for cancellation of the driving licence of the accused for a period of six months.The present application is given Under Section 482 of the Cr.PC 1973 for deleting the order directing the sending of judgment to the R.T.O. Nagpur. It is contended that since the trial Court had not passed such an order, it was not open to the Sessions Judge in revision to add to the order as it amounts to enhancing the sent...