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In Re: M. Venkataswami - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Case NumberCriminal Revn. Case No. 1572 of 1949 and Criminal Revn. Petn. No. 1489 of 1949
Judge
Reported inAIR1950Mad406
ActsRailways Act, 1890 - Sections 120
AppellantIn Re: M. Venkataswami
Advocates:B. Lakshminarayana and ; S. Subbiah Chowdry, Advs.
DispositionPetition dismissed
Cases ReferredGurunath Shankar v. Emperor
Excerpt:
- - there is no illegality or failure of justice in this case.orderpanchapakesa aiyar, j.1. i see no reason to interfere in revision in this case. hurling down a bundle of bangles of a fellow passenger and breaking them will not allow a passenger, even though he is a railway official travelling in the train, not liable under section 120, railways act, as such an act is not an act done or doable by a railway servant as such and the ruling in gurunath shankar v. emperor : air1937bom357 will not apply. there is no illegality or failure of justice in this case. 2. the petition is dismissed.
Judgment:
ORDER

Panchapakesa Aiyar, J.

1. I see no reason to interfere in revision in this case. Hurling down a bundle of bangles of a fellow passenger and breaking them will not allow a passenger, even though he is a railway official travelling in the train, not liable under Section 120, Railways Act, as such an act is not an act done or doable by a railway servant as such and the ruling in Gurunath Shankar v. Emperor : AIR1937Bom357 will not apply. There is no illegality or failure of justice in this case.

2. The petition is dismissed.


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