Sharad Gupta v. Union of India - 2015 Supreme(Online)(Chh) 85

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Online)(Chh) 85

CHATTISGARH HIGH COURT
[Judge Name], J
Sharad Gupta v. Union of India

Advocates:
For the Appellants/Petitioners: Shri Vivek Tripathi, Shri Sunil Sahu
For the Respondents: None

Table of Content
1. the applicant was convicted based on a ticket selling charge under the railways act. (Para 1 , 2 , 3 , 4)
2. the issue of authority of rpf officers to file charges is the key question. (Para 6 , 8)
3. statutory provisions clarify the limits of rpf officers' powers in legal processes. (Para 9 , 10 , 12)
4. the court concluded the charges were filed without proper authority resulting in acquittal. (Para 11 , 13)

1. The applicant accused Sharad Gupta was chargesheeted by the Railway Protection Force (for short, RPF) for commission of offence punishable under S.143 of the Railways Act, 1989 (for short, the Act, 1989) on a charge that on 16.10.1988 he was found involved in purchase and sell of computerized railway tickets reserved for different destinations with a view to carry on such business.

2. The applicant herein abjured the guilt by stating that he has not committed any offence and he has been falsely been implicated in this case.

3. In order to bring home the offence, the prosecution examined three witnesses namely; RP Singh (PW 1, Head Constable, RPF), G. Singh (PW 2, Constable, RPF) and Prince A.K. (PW 3, Sub Inspector, RPF) and brought seizure memo (Ex. P / 1 t