RAJKUMAR BHIMRAO GAWALI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Shri Meghe, the learned Counsel for the applicant and Shri Sundaram, the learned Counsel for the non-applicant Union of India.

(2.) THIS Criminal Revision is directed against the order dt. 13th June, 1992 passed by the Deputy Commandant (Magistrate First Class), III Battalion C. R. P. F. , Nagpur whereby the applicant-accused came to be convicted for the offence punishable under section 10 (m) of C. R. P. F. Act, 1949 on admission of the guilt by the applicant-accused, as well as the order dated 14-12-1994 passed by the 3rd Additional Sessions Judge, Nagpur in Criminal Appeal No. 54/92 whereby the above referred order of the trial Court came to be confirmed.

(3.) THE applicant was serving as a Constable in III Battalion C. R. P. F. Nagpur. In the month of April 1992, he received communication about ill-health of his daughter and, therefore, he proceeded on leave from 15-4-1992 to 27-4-1992. The said leave was granted and sanctioned to the petitioner by the concerned authorities. The applicant, however, could not resume his duty on 28-4-1992 because of his own ill-health. Since the applicant was sick from 22-4-1992, he could not inform about the same to the concerned officer. On 7-6-1992, the applicant resumed his duties. The applicant thereafter was produced before the Judicial Magistrate, First Class C. R. P. F. , Nagpur. The charge under section 10 (m) of the C. R. P. F. Act, 1949 came to be framed against the applicant on the ground of absence/overstaying from leave w. e. f. 28-4-1992 without prior permission of the competent authority and remained absent/overstayed w. e. f. 28-4-1992 to 7-6-1992. The applicant pleaded guilty to the said charge. However, the learned Magistrate recorded the evidence of prosecution witnesses and held that the applicant overstayed for 41 days without prior permission of the competent authorities and the applicant himself admitted the guilt for the offence punishable under section 10 (m) of the C. R. P. F. Act, 1949 and therefore, the learned Judicial Magistrate, First Class awarded sentence and directed the applicant to suffer S. I. for 10 days.