GHANAIRAM PACHHURAM Vs. STATE OF MAHARASHTRA
LAWS(BOM)-1954-1-4
HIGH COURT OF BOMBAY
Decided on January 29,1954

GHANAIRAM PACHHURAM Appellant
VERSUS
STATE Respondents


Cited Judgements :-

AMARJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2012-5-618] [REFERRED]


JUDGEMENT

- (1.)THIS is an application for the grant of a certificate under Article 134 (1) (c) of the Constitution.
(2.)THE applicant who was a shunting driver on the Central Railway was prosecuted for an offence under Section 101 of the Railways Act on the allegation that he had negligently driven his shunting engine in excess of the prescribed speed limit and caused collision with two other engines, resulting in damaging the railway property. He was convicted of the offence and sentenced to pay a fine of Rs. 60/ -. His appeal against his conviction was dismissed by the Additional Sessions Judge, Damoh. Thereupon he preferred an application for revision before this Court which was dismissed by Hemeon J.
(3.)THE applicant wants a certificate from us under Article 134 (1) (c) of the Constitution so that he can prefer an appeal before the Supreme Court. The grounds on. which the certificate is sought. are two. In the first place, it is said that the sanction of the Central Government under Section 197, Criminal P. C. , for prosecuting the applicant was necessary and that in the absence of such sanction, his conviction and sentence are both void. Secondly, it is said that the applicant could not be held to have exceeded the speed limit inasmuch as the Working Order for the station fixing the speed limit had not been proved in this case,


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