Order No.   4                                          Date : 20.06.2017.

          Both the petitioners as well as o.p. no. 6, Director, S.C. ( RPF ) Kharagpur, Southern Railway, and o.p. no. 5, Superintendent Railway Police, Kharagpur, are present.

          This date was fixed for filing written version by the o.ps. of this case namely Station Manager, Mechada Railway Station, Station Manager, Ramsagar Railway Station, Division Manager, Commercial, Southern Railway, Howrah, and General Manager,  South  Eastern Railway, Garden Reach, and o.p. nos. 5 & 6 who had already appeared and o.p. no. 7 Chief Security Commissioner ( RPF ) Garden Reach.

          The petitioner, Bikas Roy, filed this case against the above seven o.ps. praying for compensation for six number of aluminum handies containing eggs ( small fish ) amounting to Rs. 20,000/- ;and also compensation for loss of business amounting to Rs. 4,50,000/-  and also prayed for Rs. 15 lakhs for his physical and mental agonies and cost of proceeding amounting to Rs. 30,000/- .

          As per his petition the petitioner submitted that earns his livelihood by doing business of fish eggs  bringing the same from Ramsagar Station of Bankura District to Bagnan Station of  Howrah District  on 19.8.2009  on his way from Ramsagar to Bagnan he was intercepted by RPF at  Mechada Railway Station along with six aluminum handies carrying fish eggs and by using force police compelled him  to concede before the Magistrate at Tamluk that he committed offence and also he was sentenced to fine to pay fine of Rs. 250/-. However, he did not get back his six handies ceased / taken away by RPF from his custody and since 2009 he has been fighting for getting back not only the six handies but also his loss of prestige and business  and knocking from door to door as he had a valid ticket and also booking documents for the goods.

          Appearing before the Forum the o.p. nos. 5 & 6 submitted that the petitioner, Bikas Roy, pleaded guilty before the ld. Magistrate at Tamluk on 26.8.2009 and he was convicted and sentenced to pay a fine of Rs. 250/- and he paid the same and now this matter cannot be re-agitated and the present case be dismissed.

          Keeping in mind the submission of ld. counsels of both o.ps. nos. 5 & 6 and also keeping in mind the submission made personally by Shri Bikas Roy, this  Forum finds that said Bikas Roy voluntarily pleaded guilty and convicted to pay Rs. 250/- but in spite of the fact  of mention of the six handies in the railway documents, the man  ( Bikas Roy ) had to wait for the last eight years or more to get back his six handies and also compensation for loss of such handies as well as fish eggs and also compensation for physical and mental harassment suffered by him. If it is fact that he had any illegality and he conceded his guilt and he was convicted and sentenced to pay a fine of Rs. 250/- but he had  also the right to get back the six handies from the clutches of  RPF Mechada Station and also entitled to compensation as per the compensation jurisprudence.

          This Forum at this stage has no jurisdiction to interfere the case by virtue of limitation as laid down U/S 24A of C.P. Act, 1986 and also this Forum has no jurisdiction to entertain cases which are exclusively under the jurisdiction of Chief Judicial Magistrate of the district under whose jurisdiction took place and who had already intervened the matter and sentenced said Bikas Roy to pay a fine of Rs. 250/-.

           In view of above the CC 86 of 2017 be and same is dismissed on contest without costs considering the facts and circumstances of the case directing the petitioner to approach before the proper forum and ventilate his grievances that is before the Chief Judicial Magistrate Tamluk for getting his grievances redress.

           The case is disposed of accordingly.

          Let a copy of this order be given to the complainant, free of costs.