STATE OF WEST BENGAL Vs. OMPRAKASH

JUDGEMENT

(1.) This appeal at the instance of the State is directed against the order of acquittal of the accused respondent Omprakash passed by Sri N.K. Batabyal, learned Additional Sessions Judge, 10th Court, Alipore in Criminal Appeal No.1 of 1978.

(2.) The aforesaid Criminal Appeal arose out of the conviction and sentence of the accused Omprakash by Sri M.S. Yadav, learned Judicial Magistrate, Second Class, who happened to be an Assistant Commandant of 58 BN C.R.P.F., Calcutta in Case No. 1 of 1977 under section 10(p) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act).

(3.) The facts, in brief, leading to the institution of the aforesaid case are as follows: A complaint was filed before the court of Sri M.S. Yadav, Judicial Magistrate, Second Class, S8 BN CRPF, Calcutta, under section 10(p) of the Act by Sri R.C. Pun, Ole, Head Quarters Coy. S8 BN on 8.10.77 against Head Constable Omprakash No. 580050234 of, A Coy. 58 BN CRPF. It was alleged that the said Head Constable befog involved in a criminal case was placed under suspension and was ordered to stay at Group Centre CRPF Nagpur pending trial. The said Head Constable applied for permission to leave his campus for thirty days to visit his home town for the purpose of seeing the ailing members of his family. The leave for twenty days was allowed and the permission was conveyed to him by Signal dated 12.9.77 but the Head Constable concerned left the Group Centre Camp on 11.9.77 without waiting for the permission from the competent authority. Accordingly, Omprakash, the Head Constable was put to trial for an offence under section 10(p) of the Act and Sri M.S. Yadav, learned Judicial Magistrate, Second Class. 58 BN CRPF found him guilty and convicted and sentenced him to imprisonment till the rising of the Court on 3rd December, 1977.