Bishu Shaik vs Saber Mollah on 5 February, 1902
693 : (41 Cr.L.J. 91), where the accused was charged with offences under Sections 147 and 452, Penal Code, in the complaint petition but the Magistrate issued summons under Section 448, Penal Code, having tried summarily, convicted the accused under Section 452, it was held by their Lordships that the Magistrate was not empowered by law to hold a summary trial in such a case and proceedings were void under Section 530, Criminal P.C. In Bishu Shaik v. Saber Mollah, 29 cal. 409 : (6 C.W.N. 713), it was held that as the petition of complaint disclosed the commission of a much more serious offence than the offences for which the Magistrate held a sum mary trial and the examination of the complainant which had not been properly recorded did not show that such offence had not been committed, the Magistrate had acted without jurisdiction.