Ezhilarasan vs The State Represented By
2023 Latest Caselaw 1497 Mad

Citation : 2023 Latest Caselaw 1497 Mad
Judgement Date : 8 February, 2023

Madras High Court

Ezhilarasan vs The State Represented By on 8 February, 2023

                                                                                   Crl.OP.No.2611 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 08.02.2023

                                                         CORAM

                          THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

                                              Crl.O.P.No.2611 of 2023 and
                                            Crl.M.P.Nos.1485 & 1487 of 2023


                  Ezhilarasan                              ...Petitioner

                                          Vs.

                  The State represented by
                  Sub-Inspector,
                  Railway Protection Force,
                  Salem Junction.                                 ... Respondent

                  PRAYER : This Criminal Original Petition is filed under Section 482 of Cr.P.C.,
                  to call for the records relating in C.C.No.77 of 2018 on the file of the learned
                  Judicial Magistrate No.I, Salem and quash the same.


                                    For Petitioner       : Mr.M.Guruprasad
                                    For Respondent      : No appearance

                                                          ORDER

This Criminal Original Petition has been filed to call for the records

relating in C.C.No.77 of 2018 on the file of the learned Judicial Magistrate No.I,

https://www.mhc.tn.gov.in/judis Crl.OP.No.2611 of 2023

Salem and quash the same.

2.The learned counsel for the petitioner submitted that petitioner has not

participated in the alleged protest said to have been taken place on 13.02.2018.

He did not enter the platform No.1 and squatted on platform No.1. Therefore, the

learned counsel for the petitioner prays for quashing of the complaint.

3.Heard the learned counsel for the petitioner and perused the records.

4.The reading of the complaint allegations shows that on 13.02.2018 at

about 12.10 hours, the complainant received a complaint from “SIPF/SA” stating

that on 13.02.2018 at about 11.30 hours a group of DYFI volunteers came to

Salem Railway Station, trespassed and squatted on platform No.1 track into

which Train No.12675, Chennai-Coimbatore, scheduled to arrive. Because of the

squatting on platform No.1, that train was shifted to platform No.4. On the basis

of this complaint a case in crime No.198 of 2018 was registered for the offence

under Section 174 (a) & 147 Railway Act 1989.

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5.Section 147 Railway Act, 1989 reads as follows:-

147.Trespass and refusal to desist from trespass- 1)If a person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such punishment shall not be less than a fine of five hundred rupees.

2)Any person referred to in sub-section (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

6.Section 174 Railways Act, 1989, reads as follows:-

174.Obstructing running of train, etc-If any railway servant (Whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,-

a)by squatting or picketing or during any rail roko agitation or bandh; or

b)by keeping without authority any rolling stock on the railway; or

https://www.mhc.tn.gov.in/judis Crl.OP.No.2611 of 2023

c)by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

7.The combined reading of these provisions makes it clear that squatting

on a railway track and obstructing the running of train is an offence punishable

under this Act. The submission of the learned counsel for the petitioner that

petitioner is not part of the agitating member and that he did not squat on the

platform No.1, cannot be considered now in the absence of any tangible and

acceptable material shown to the Court.

8.In this view of the matter, this Court finds that the prayer for seeking

quashment of the complaint in CC.No.77 of 2018 on the file of the learned

Judicial Magistrate No.I, Salem, is not maintainable. Accordingly, this Criminal

Original Petition is dismissed. Consequently, connected miscellaneous petitions

are closed.

08.02.2023