BAGIRATH SINGH Vs. STATE

JUDGEMENT

(1.) Since a very short point is involved, ( have heard the matter finally at the admission stage itself.

(2.) The facts before me are not in dispute. At the relevant period, Shri Rajendra Singh Rathore was posted as Munsif and Judiciat Magistrate, First Class at Bar. Since no residential government accommodation was available at Bar, he used to stay at this Dak Bungalow, Bar. On 29-12-87, Shri Rathore went away on leave to his home village. While leaving for his village, he left his household effects in Room No. 1 of the Dak Bungalow and locked the same. He handed over the key of the room to his peon Pramod Kumar. When Shri Rathore was away from Bar, the petitioner who was junior engineer incharge of the Dak Bungalow got the lock of the room broken; he shifted the luggage of Shri Rathore to some other room and left the same in charge of the chowkidar of the Dak Bungalow. This was so done because some senior officials of the P.W.D. were likely to visit Bar and the room was to be kept ready for them. Shri Rathore returned from his home village on 4-1-88. When he came to know of the incident, he lodged an FIR with P.S., Bar the same day. Upon such FIR due investigation was made and a final report was given by saying that no offence was made out. Learned Munsif and Judicial Magistrate, Bar by impugned order dated 5-3-50 took cognizance of offences u/s. 448 and 454, IPC against the petitioner. Aggrieved, petitioner has come to this Court.

(3.) I have heard Shri R. K. Charan and learned P.P. on behalf of the State and I am of the view that this petition should suceed. Dak Bungalows are provided at various towns by the government so that government officials coming on short visits may stay therein. They are not meant to be regular residence or a substitute for such residence. Shri Rathore was only a licencee in the Room. The room was required to be used for senior P.W.D. officials but unfortunately the room was locked. Shri Rathore was away and hence he could not have been contacted. Even his peon, who had the key of the lock of the room could not be contacted. It was under such circumstances that the lock was broken and luggage was shifted elsewhere.