S P DUBEY Vs. NARSINGH BAHADUR

JUDGEMENT

(1.) This revision application is directed against an order passed on 16-9-1956 by Sri T. C. Hingorani, Special Railway Magistrate, Meerut, acquitting the opposite-party Narsingh Bahadur in a case under Section 112 of the Railways Act. Along with it is another application (under Section 561-A Cri. P. C.) praying for the expunction of certain strictures passed in the judgment on the conduct of S. P. Dubey, Ticket Examiner, and G. P. Misra, Assistant Commercial Officer (Tickets) of the Northern Railway.

(2.) The prosecution allegations were that on 25-8-1958 the opposite-party Narsingh Bahadur was detected by Ticket Examiner S. P. Dubey at Prayag Railway Station travelling without ticket in a third class compartment of the Pratapgarh-Allahabad Down passenger train. The defence plea on the other hand, was that the opposite-party had not travelled in the said train but had merely come on to the station platform to meet a friend, who was arriving by that train.

(3.) The alleged offender was produced before the Railway Magistrate Sri Hingorani, pleaded not guilty and asked for postponement of the trial. The Magistrate accordingly adjourned the case to 28-8-1958, intimating that the trial would be held at Meerut Cantonment. Subsequently, however, on the request made by the accused-opposite-party in a letter the Magistrate agreed to hold the trial at Allahabad and on 28-8-1958 passed the following order :