SYED AZAR AHMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision has been preferred against the order dated 24-9-1986 passed by the learned Sessions Judge, Jodhpur, whereby he set aside the order dated 17-6-85 passed by the learned Judicial Magistrate (Railways), Jodhpur u/S. 258, Cr. P.C. read with S. 20(3) of Railway Protection Force Act, 1957 (in short 'the Act') stopping the criminal proceedings for the offences u/Ss. 120, 121 of the Indian Railways Act and u/S. 323, IPC against the petitioner and co-accused-Chandra Bhan and releasing them.

(2.) Briefly, the relevant facts are that on 13-12-1983 at 12-20 a.m. complainant-Jagdish, who was posted as Rakshak, Railway Protection Force, O.P. Bhagat Ki Kothi, Jodhpur submitted a written report to S.H.O. G.R.P. Station, Jodhpur to the effect that on 12-12-83 he was on duty from 16 hours to 24 hours in Railway Yard of Bhagat Ki Kothi Railway Station, that since one train had been cancelled at the direction of Train Guard, he had gone to ASM's Office to fetch the seal book, that at about 23-15 hours, he saw petitioner Syed Azar Ahmad, Sub Inspector, Railway Protection Force and co-accused Chandrabhan Rakshak coming from the yard and that the petitioner asked him as to why he had come to the office leaving his duty from the yard and told him that he would make an entry against him in the daily-diary (rojnamcha). It is alleged that complainant-Jagdish gave the daily diary to the petitioner, who told him. The complainant asked .the petitioner as to why he was hurling abuses to him, that thereupon the petitioner got enraged felled him by giving him a push, that when he got up caught hold of him and the petitioner dealt 3-4 danda-blows causing injuries to him. The petitioner also took his pistol and threaten to shoot him. Thereupon complainant Jagdish fled away after taking that 'danda'. On the report of the S.H.O., Police Station GRP, Jodhpur, drew the formal FIR, got the injuries of Jagdish examined by the doctor and seized the said 'danda'. After usual investigation on 27-3-84 filed challan against the petitioner and co-accused Chandrabhan Singh u/Ss. 120, 121 Indian Railways Act and u/S. 323, IPC in the Court of learned Judicial Magistrate (Railways), Jodhpur.

(3.) On 4-2-1985 petitioner and co-accused submitted an application u/S. 20(3) of the Act along with the copy of General Diary dated 12-12-83, asserting that since no one month's notice was given, criminal trial against them was legally not maintainable and praying that criminal proceedings be dropped.