KISHNA KUMAR GUPTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule is directed for quashing a proceeding being G.R case No. G R. 1977 under section 121 of the Indian Railways Act and Section 332 of the Indian Penal Code. It appears from the facts of the case that this case arose out of an incident in which a Ticket Collector asked for a ticket and the accused petitioners told him that necessary tickets are in the car parked inside the platform on the strength of a ticket. A dispute arose and it has been alleged that the petitioner pushed the officer who asked for the ticket. It appears that the learned Magistrate proceeded with the case as a summons case. Mr. Amit Bhattacharya, learned Advocate appearing for the petitioner has submitted that in this case the procedure followed is wrong as the offences complained of are triable under the Warrant procedure.

(2.) THIS is an old matter arising out of a trifling incident. It is pending for long. If a fresh direction is given to proceed in accordance with law, it will take some more time for the matter to be disposed of. Since the matter is pending for long and it requires a proceeding from the very beginning and the petitioner has already been suffering for a long time, I intend to quash the proceeding Accordingly the Rule succeeds and the impugned order is quashed. The Rule is also made absolute.