HAZARI LAL Vs. STATE

JUDGEMENT

(1.) The facts leading to this revision petition in brief are that as per allegations contained in the Kalendra (a kind of report) submitted by Police station Railway, Delhi Main, in the court of the Metropolitan Magistrate (Railway), S.I. Amar Nath of the said Police Station was present on patrol at platform bearing Nos. II & 13, Delhi Main Railway Station, on the evening of 31st October 1983. At about 9.30 P.M. the petitioner on seeing the police party turned back towards the stair-case of the over bridge. He was apprehended and a wrist watch, Citizen make, with steel chain which he was holding in his right hand was recovered from him. On interrogation he failed to produce any proof of his ownership of the watch and confessed before the police that the said wrist watch had been removed by him clandestinely from the wrist of a passenger when the Frontier Mail was standing at the outer signal. The petitioner failed to produce any railway ticket or platform ticket. Consequently, he was arrested under Section 103, Delhi Police Act, 1978 (for short the Act) and the wrist watch was seized vide recovery memo prepared at the spot.

(2.) The substance of accusation was incorporated in the summary trial register at serial No. 643. A notice under Section 251, Code of Criminal Procedure, was accordingly given to the petitioner on 1st November, 1983. He pleaded not guilty and claimed to be tried. He has now preferred this revision petition against the service of notice under Section 251 Criminal Procedure Code . upon him on the ground that no case under Section 103 of the Act is made out.

(3.) Section 103 of the Act reads as under :-