Gitesh Ranjan Bhattacherjee, J.

1. This Criminal Revision is directed against the order dated the 6th April, 1987 passed by the Judicial Magistrate, Howrah in C case No. 94179 started on the basis of complaint lodged in connection with RPF Post Case No. 1(21) 79 dated 7.4.79 under s. 3(a) of the Railway Property (Unlawful Possession) Act, 1966. By his impugned order the learned Magistrate framed charge under s. 3(a) of the Railway Property (Unlawful Possession) Act, 1966 against the accused Ram Sankar Chowhan, but!, discharged the other accused Rupa Shaw under s. 245(1) Cr.P.C. Being aggrieved by the said order of discharge passed by the Learned Magistrate in respect of the accused Opposite Party, Rupa Shaw, the State of West Bengal has moved this Court in its revisional jurisdiction.

2. At the very outset a preliminary objection has been raised by Mr. Sudipta Moitra, the Learned Advocate for the accused Opposite Party that the revision petition is not maintainable at the instance of the petitioner, State of West Bengal. His contention is that the case was started before the Learned Magistrate on the basis of a complaint filed by one Shri Chandrikapada Roy, Sub-Inspector, R