JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Respondents were working as reservation clerks. They were posted at Indore Railway Station. The Assistant Sub Inspector of General Railway Police, Indore, on an information received by him that one person had illegally been purchasing tickets from reservation counters, came to the reservation office and in the process apprehended a person named Suresh Shah. He was from Mumbai. From a search conducted, 94 tickets of different trains and some filled up as well as some unfilled reservation demand forms were recovered from him. A sum of Rs. 33,403/- was also found in his possession. A First Information Report was lodged. Allegedly, during investigation of the said case, he was found to have been carrying business in procuring reservation tickets illegally. Respondents herein were said to have abetted in commission of the said offence. On the said charge, Respondents herein with the aforementioned Suresh Shah were prosecuted.

3. Whereas the said Suresh Shah was charged under Section 143 (1) of the Railway Act, 1989, Respondents herein were charged under Section 143(2) thereof. When the case was at an advanced stage, the said Suresh Shah abscon