TMI Blog1945 (11) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... sking his wife and the rest of the party to wait at the jetty along with the luggage, that the booking clerk declined to issue tickets alleging that it was very near the time fixed for the steamer's departure and that when he went to the jetty he found that his wife and the other people had already boarded the steamer with the luggage and accordingly he asked the station master to arrange for the issue of the tickets required. It will be convenient, in view of the arguments urged before us, to set out the rest of the complaint in full. He (the station master) gave a flat refusal and said that he could not do anything in the matter and when your petitioner repeated his request, he got annoyed and asked your petitioner to get out and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... further enquiry. The station master carried the matter on revision before the High Court at Patna. The learned Judge of the High Court (Agarwala J.) dismissed the petition, holding that Section 270(1) could not be invoked in respect of an offence committed in 1944 because the relevant date referred to in that clause must be taken to be the date of part 3 of the Act coming into force, viz., 1st April 1937. This appeal has been filed against this order of the learned Judge and the correctness of his interpretation of the expression relevant date in its application to a railway servant has been questioned. 3. It has been contended that a railway servant is not a person employed about the affairs of a Province, but one employed about ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings must be dropped. But if the prosecution case does not involve this, the case cannot be thrown out on the preliminary ground of want of consent. (Page 179 see also pages 184 and 185). 5. Applying this test, we are unable to hold that on the allegations in the complaint, which we have above set out, the act complained of can be regarded' even as one purporting to be done by the appellant in execution of his duty. 6. Counsel for the appellant drew our attention to Sections 68 and 113A, Railways Act, and to chap. IV, Rule 2, Bengal and North. Western Railway Traffic Manual, and contended that the station master believed that he was exercising the powers and duties imposed upon him by these provisions and that he was entit ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
