STATE OF MADHYA PRADESH Vs. PRANLAL SHANKERLAL THAKKAR

JUDGEMENT

(1.) THIS is a very strange case of an arbitrary and illegal conviction under Section 228 of the Indian Penal Code by the Special Railway Magistrate, Ratlam. The record of the case was called by this Court when the matter was brought to my knowledge by the District Magistrate, Ujjan, and Shri Pranlal Thakkar, who has been found guilty under Section 228, Indian Penal Code. Shri Pranlal Thakkar also filed a revision petition before the Sessions Judge, Ujjain. The record of the revision petition has also been -called up here.

(2.) THE facts as revealed by the orders passed by the Railway Magistrate and the evidence on record are that the Special Railway Magistrate, Ratlam, is required to go to Ujjain from time to time for trial and disposal of cases under the Indian Railways Act, 1890. Shri M. L. Sharma, the Railway Magistrate, arrived at Ujjain on 29th October 1965 and was staying in Retiring Room No. 2 at Ujjain Railway Station. It appears that the Railway Magistrate desired to occupy "officers' Rest House" at the Railway Station; but as the keys of this Rest House were with Shri Thakkar, Station Master, Ujjain, who was out of Ujjain when the Railway Magistrate arrived, the Magistrate could not occupy the Rest House. At about 10-30 p m. on 29th October 1985, Shri Sharma called Shri Thakkar to the retiring room and enquired as to why the Rest House was not made available to him for occupation when lhe arrived at Ujjain. In the record, which the Magistrate made about his talk with Shri Pranlal Thakkar, it has been stated that when he enquired about the Officers' Rest House, Shri Thakkar started misbehaving with him and said that the keys of the Rest House were always in his personal custody so that if he was not at any time available at the railway station the Rest House could not be occupied by anyone. In that record the Magistrate has further stated that when it was pointed out to Shri Thakkar that the keys of the Rest House were not his personal property and could not be kept in his personal custody, Shri Thakkar "went wild and asked this Court to be a gentleman, and on being asked as to what does he mean by asking the Court to be a gentleman he accused this Court of misusing its power. " According to the record made by the Magistrate, after this talk Shri Thakkar was asked to express regret for his behaviour, and when he failed to do so, proceedings under Section 228, Indian Penal Code were drawn up against him.

(3.) THE charge, which the Railway Magistrate framed against Shii Thakkar, was in the following terms: