MAYA SHANKER PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Heard the learned counsel for the revisionist and learned A. G. A. for State. It appears from the record that revisionist Maya Shanker Pandey was convicted by the Chief Judicial Magistrate 1st Class Eastern Railway, Moghal Sarai, District Varanasi under Sections 113/122 of the Indian Railways Act and section 332,1. P. C. one year's R. I. under Section 332, I. P. C. , one month's R. I. and to pay a fine of Rs. 150 under Section 122, Indian Railways Act and to pay a penalty of Rs. 11. 55 under Section 113 of the Indian Railways Act.

(2.) THE revisionist preferred an appeal before the Sessions Judge, Varanasi which was rejected on the ground that the Sessions Judge, Varanasi had no jurisdiction. Since the offence was committed within local P. S. G. R. P. , Dildar Nagar in District Ghazipur, the Magistrate exercised jurisdiction over an area beyond the limits of Varanasi, the Sessions Judge, Varanasi held that Railway Magistrate Varanasi is also the Chief Judicial Magistrate 1st Class of the remaining Districts of Varanasi Zone (Railway) and when he tries a case of a District other than Varanasi, the functions as Judicial Magistrate 1st class of that District and this is so irrespective of his headquarter or the place of trial. Consequently the revisionist tiled another appeal before the Sessions Judge, Ghazipur with the application under Section 5 of Limitation Act for condoning the delay in filing of the appeal. THE learned Sessions Judge Ghazipur rejected the application for condonation of delay and dismissed the appeal as barred by limitation on the ground that earlier appeal preferred before the Sessions Judge, Varanasi was dismissed vide order dated 16-3- 1981. THErefore, another Court of Session cannot rehear the matter.

(3.) THE order passed by the learned Sessions Judge, Ghazipur can not be sustained. THE revision is allowed. THE impugned order dated 12-12-1989 is set aside and the case is sent back to Sessions Judge, Ghazipur for disposing of it afresh on merit. Revision allowed. .