UNION OF INDIA Vs. HARIRAM

JUDGEMENT

(1.) The Assistant Commandant/Judicial Magistrate Ist Class of 87 Bn. Central Reserve Force Police (hereinafter referred to as 'the CRPF') by his order dated 17-2-88 in Case No. 1/88 convicted the respondent under Sections 10(m) and 10(n) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the Act') and sentenced him under Section 10(m) till rising of the Court and under Section 10(n) to undergo Simple Imprisonment for 90 days.

(2.) Being aggrieved by the said conviction, the respondent preferred an appeal under Section 374 of the Code of Criminal Procedure (Cr. P.C.) before the learned Addl. District Magistrate (J) Aizawal District, Aizawal being Criminal Appeal No. 19/95 who after hearing the learned counsel for the appellant and recording the absence of present appellant/Union of India (Respondent in the said appeal) despite notice, by his impugned order dated 25-10-1995 set aside and quashed the conviction so awarded by the Asstt. Commandant/Judicial Magistrate Ist, Class holding that the Asstt. Commandant/Judicial Magistrate Ist Class, not being a Magistrate according to provisions of Rule 36(B) of Central Reserved Police Rules, 1955 (hereinafter referred to as 'the Rules'), had no power to try charges under sub-clause (m) and (n) of Section 10 of the Act for which the punishment awarded by the said authority against the respondent was held to be illegal.

(3.) I have heard Mr. P. N. Choudhury, learned Addl. CGSC appearing on behalf of the appellant and also heard Mr. M. N. Ali, learned counsel appearing on behalf of the respondent.