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1978 Supreme(Pat) 219

P.S.SAHAY, HARI LAL AGRAWAL
Fulena Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

Hari Lal Agrawal, P. S. Sahay, JJ.

1. By this application under section 482 of the Code of Criminal Procedure, 1973 all the seven petitioners challenge the legality of the order dated 21.11.74, passed by the Sub-divisional Judicial magistrate, Sahibganj taking cognizance against them under various sections of the Indian Penal Code on the ground that the conditions imposed under section 20-E of The Railway Protection Force Act, 1957 (No.23 of 1957) hereinafter referred to as the Act were not complied with.

2. All the seven petititioners are members of the Railway Protection force of different ranks.

3. The case of the petitioners is that on 16.8.1974 at about 7:30 p m. petitioners nos.3 to 5 were on duty at Sakarigali Junction Railway Station under the jurisdiction of Sahibganj. They saw a number of persons in the verandah of the Railway Station and asked them to leave the railway compound. Thereafter they went on to their duty in the Yard. It is alleged that about 10 to 15 persons suddenly appeared at that place and assaulted the said petitioners by fists and slaps. They could recognise only Gopi Krishna Sharma and three others. Petitioner no.3 on receiving the injuries bec
















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