Chhangani, J.—This is a revision by accused Munnalal and is directed against the order of the Special Judicial (Railway) Magistrate, Jodhpur, dated 5th March, 1963 over-ruling the accuseds objection to the competence of the Magistrate to try the case. The petitioner challenged the same order in a revision before the court of Session, Jodhpur, but the Additional Sessions Judge, Jodhpur, by his judgment dated 15th May, 1963 upheld the order of the Railway Magistrate, and dismissed the revision.

2. The facts giving rise to the revision may be briefly stated as follows— One Chandanmal of Ladnun boarded Jodhpur Mail at Delhi on the night intervening 10th and 11th July, 1962, his destination being Ladnun. He had an aluminium box containing jewellery with him which he kept in his bedding. During the course of journey, he went to sleep and woke up when the train was stopping at Loharu Railway Junction ; looked for his bedding and found it missing. On enquiry from the fellow travellers he learnt that some person had just got down at Loharu Junction platform and he might have taken away his bedding. The complainant got down at the Railway Station and searched for the man but could not find hi

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