SAHU JAIN LTD. Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) HEARD the learned counsel for the applicant Sri Sri Shankar Sharma at some length and perused the committal order. The accused applicant have been committed to the Court of Session to stand their trial under Section 120B/420 IPC read with Section 106 of the Indian Railways Act. Learned counsel for the applicant strenuously argued that no prima facie case has been made out for committing the accused to the Sessions Court and as such the committal order deserves to be quashed, in exercise of the revisional powers of this Court. It is not disputed before me that Section 337(2A) of the Old Criminal P.C. would apply to the present case which reads as follows:

(2.) LEARNED counsel for the applicant however, strenuously contended that in spite of examining the approver, the Magistrate has further to be satisfied that there were reasonable grounds for believing that the accused is guilty of the offence. The observations made in the aforesaid decisions could not take away the jurisdiction of the Magistrate in further examining the question whether there are reasonable grounds for believing that the accused has committed the offences or not it appears to be correct that the bare reading of the section itself support the contention of the learned counsel for the petitioner and I find that merely because of the fact that the approver on being granted pardon was examined, the jurisdiction of the Magistrate does not cease there, but he has further to feel satisfied whether reasonable grounds are there to believe that the accused is guilty of an offence and it is after this satisfaction that he has to commit the accused for trial to the Court of Session or High Court, as the case may be.

(3.) LEARNED counsel for the applicant while referring to certain observations in Tariff Act etc. urged that no case under Section 420 IPC can be made out and the applicant cannot be considered to have committed any offence under Section 420 IPC merely on the ground they had booked the goods by paying wrong tariff charges. He further contended that the Railway Department could realise the freight from the applicants by filing a suit and so this matter is purely of a civil liability and no offence under Section 420 IPC is made out.