PARMJIT SINGH BEDI Vs. DHANESHWAR SAH

JUDGEMENT

(1.) As prayed for Criminal Miscellaneous Nos. 2457 and 3292 of 1974 have been heard together. Parmjit Singh Bedi, Inspector, Railway Protection Force. Jamalpur Workshop is the petitioner in Criminal Miscellaneous No. 2457 whereas Union of India is the petitioner in the other case. Dhaneshwar Sah is the apposite party in both the cases.

(2.) At about 2.30 p.m. on the 26th of February, 1973 Inspector Parmjit Singh Bedi received an information that some criminals were engaged in removing properties from the railway workshop. Accordingly, he along with other members of the Railway Protection Force went to the spot and noticed 4 or 5 persons coming out from the yard with gunny bags on their heads. When they were chased and challenged the miscreants dropped the gunny bags and fled away. Members of the Railway Protection Force proceeded further and noticed a truck on which opposite party Dhaneshwar Sah was sitting and 7 or 8 persons were engaged in loading the gunny bags on the truck. When they saw the members of the Railway Protection Force the truck with the opposite party fled away. The members of the Force could seize some gunny bags which contained railway properties. On these allegations a case under Section 8 of the Railway Properties (Unlawful Possession) Act, 1966 was started and its investigation was endorsed to Sub-Inspector Kala Charan Mukherjee. On the 11th of March, 1974 the opposite party filed a petition of complaint against Parmjit Singh Bedi speaking about the aforesaid case No. 3 (2)/74 and alleging that at the time of occurrence he was in Monghyr Jail and that he had no information about the case. It was further alleged that at 6 p. m. on the 5th of March, 1974 Parmjit Singh Bedi came to his place and entered into his godown and began to make a search. He could not find any railway property and inquired who Dhaneshwar Sah was. The opposite party replied that it was he. Upon this Parmjit Singh Bedi caught hold of him and hurling abuses and giving him slaps took him to the police station Jamalpur and put him in the police lock-up. After making inquiry from the Monghyr Jail the opposite party was released. On the above complaint the learned Sub-Divisional Magistrate took cognizance of the case for offences under Sections 323, 341, 342 and 500 of the Indian Penal Code.

(3.) Parmjit Singh Bedi filed a criminal revision before the Sessions Judge. Monghyr against the above order. The learned Sessions Judge took the view that members of the Railway Protection Force under the Act were authorised to act and take action within the railway premises only and they could not go beyond the railway premises and make arrest. This was the scheme of the Act and, accordingly, repelled the argument based on absence of notice as contemplated by Section 20(3) of the Railway Protection Force Act, 1957.