N. C. TALUKDAR, J.

( 1 ) THIS is an appeal by the Superintendent and Remembrancer of Legal Affairs West Bengal, on behalf of the State of West Bengal against an order dated the 24th April, 1967 passed by Shri A. K. Roy, Magistrate, first class, Sealdah, in case No C-1848 of 1964 acquitting the accused-respondent under Section 251a (11) of the Code of Criminal Procedure, of charges under Sections 417 and 419 I. P. C.

( 2 ) THE facts leading on to the impugned order can be put in a short compass. In response to an employment notice by the Railway Service Commission, the accused-respondent applied for one of the posts of Inspector of Works and in his application he described his caste as 'dandasi' which is a scheduled caste. He was ultimately appointed in one of the vacancies reserved for the scheduled caste and was posted in the South-East Zone on 22-2-56. It subsequently transpired that the accused-respondent belonged to the 'kapu' (Telaga) community which has not been declared as a scheduled caste by the Government The Delhi Special Police Establishment, Hyderabad Branch accordingly recorded a F. I. R. on 31-12-62 and investigated into the case, ultimately submitting a charge-she

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