K APPAL SWAMY Vs. EMPEROR

JUDGEMENT

(1.) THIS is a reference made by the District Magistrate of Cuttack under Section 438, Criminal P.C., of the case of a station master who has been convicted under Section 120, Railways Act, and sentenced to pay a fine of only Rs. 5 for having addressed another member of the clerical staff of the station in abusive and obscene language.

(2.) I am not disposed to accept the view of the learned (Magistrate that the word "person" in Section 120 does not include an employee of the railway and respectfully agree with the decision of the Calcutta (Madras?) High Court in the case of Guffiy V/s. Mahumadali AIR 1919 Mad 971 in which it was held that the section does apply to railway servants. The reference is accordingly discharged.