( 1 ) THIS is a reference under Section 438, Criminal P. C. , made by the Additional Sessions Judge of Asansole recommending that an order of the Sub-divisional Magistrate, Asansole refusing to take action under Section 138, Railways Act on the petition of the Divisional Superintendent, East India Railway, Asansole, against Suresh Chandra Chakra-verty, a railway employee who had retired from the service of the railway, be set aside and that necessary directions under Section 133, Railways Act be given.

( 2 ) ADMITTEDLY, Suresh Chandra Chakraverty retired from the service of the railway with effect from 16-11-1954, so that from that date he ceased to have any claim to live in the quarters occupied by him as a railway servant. The application under Section 138, Railways Act, was filed before the Subdivisional Magistrate on 24-4-1956. On that the learned Magistrate directed the officer-in-charge, Asansole P. S. to cause vacation of the railway quarters Unit No. ABC in Block No. 136 which was occupied by Suresh Chandra Chakraverty and deliver possession of the same to the Assistant Engineer, Eastern Railway, Asansole. There was no report from the police for about three m