BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the orders dated 30th June, 1982 and 5th Sept., 1985 passed by the Honourable Chief Justice, a legal controversy involved in this revision petition has been referred to the regular criminal Division Bench and, as such, this petition has been placed before us.

(2.) Briefly, the legal point involved is as to whether on conviction by the Railways Magistrate while holding Mobile Court at Baran, though exercising jurisdiction over more than one Distriction an appeal will lie to the Additional Sessions Judge, Baran having jurisdiction over the area where the offence was committed or to the Sessions Judge, Ajmer to whom the Railways Magistrate is subordinate?

(3.) Stated in Succinct, the relevant facts are that the petitioner was prosecuted for carrying passengers in his Roadways Bus No. RRM/6025 without ticket at town Thana, District Kota. The accused petitioner made a confession before the Special Judicial Magistrate, Ajmer on the spot, who by the judgment dated 14th Dec., 1978, found the petitioner guilty for the offence under Sec. 8 of the Rajasthan State Road Transport Service (Prevention of ticketless Travel) Act, 1975 and imposed a fine of Rs. 150.00 in default of payment of fine to undergo simple imprisonment for seven days.