1. This is a petition under section 439, Cr. P. C. By Doctor Ghulam Mustafa, who has been convicted- under Article 82 under Schedule 8 of section 4 of the Basic Democracies Order, 1959, and was sentenced to pay a fine of Rs. Fifty. The order of the Magistrate recorded in the case is as follows:
(1) Date of commission of offence.
2. Nil.
(2) Name of complainant (if any).
3. Chairman, Town Com--mittee, Rabwah.
(3) Name of accused.
4. Doctor Ghulam Mustafa.
(4) Parentage.
5. Nil.
(5) Residence.
6. Rabwah.
(6) Complained of offence.
7. 82 B. D. O.
(7) Offence, proved.
8. Unauthorised construc--tion.
(8) Value of property respecting which offence committed.
9. Nil.
(9) Summary of evidence for prosecution.
10. Prosecution put to the accused.
(10) Pleas of the accused and his examination (if any).
11. Confession.
(11) Summary of evidence for the defence and under section 540, Cr. P.C. if any.
12. No evidence.
(12) The finding and in the case of a conviction a brief statement of the reasons therefor.
13. Convicted.
(13) The sentence or other final order.
14. Fined Rs. 50
(14) The date on which the proceedings terminated.
15. (Sd.)
16. M. I. C. Chiniot, 25-1-64.
2. It is urged that the conviction was recorded without taking any evidence and the accused stoutly denied that he pleaded guilty. It is further urged that the record shows that the provision of section 243, Cr. P. C., has not been complied with, therefore, the conviction cannot be sustained.
3. On examining the record of the case, I find that the trial Magistrate acted in a mechanical fashion. The column regarding the date of the commission of the offence was not filled. The plea of the accused was not recorded, nor the prosecution allega--tions were put to the accused.
17. Therefore, it is obvious that the provisions of section 243, Cr. P. C. Has not been complied with. The provision in section 243, Cr. P. C. For the recording of the admission of the accused as nearly as possible in the words of the accused is a salutary provision designed to enable not only the trying Court, but also the superior Courts to know that the accused, understood that he was really pleading guilty to the offence charged. In the instant case, this was not done. In fact, there is no answer of the accused on the record.
4. The result is that the petition is accepted. The convic--tion and the sentence are set aside. The fine if paid shall be refunded to the petitioner.