ORDER :

Heard Mr. Yogesh Modi, the learned amicus curiae appearing on behalf of the petitioner.

2. Heard Mr. Ravi Prakash, the learned A.P.P. appearing on behalf of the Opposite Party- State of Jharkhand.

3. The present criminal revision petition has been filed against the judgment of confirmation dated 15.05.2012 passed by the learned Additional Sessions Judge-I-cum-Special Judge, Dhanbad in Criminal Appeal No. 118/2012. The trial court’s judgment is dated 29.02.2012 passed in R.P. Case No. 157/1993, T.R. No. 14 of 2012 by the learned Additional Railway Magistrate, Dhanbad.

4. The learned trial court has convicted and sentenced the petitioner vide judgment dated 29.02.2012 for Imprisonment of two years and a fine of Rs. 10,000/- and in default of payment of fine, imprisonment for another six months for offence under Section 3(a) of Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the aforesaid Act of 1966).

Submissions of learned amicus

5. The learned amicus appearing on behalf of the petitioner submitted that the impugned judgments suffer from perversity, inasmuch as, neither the complainant has been examined, nor the complaint petition has been proved and t