JUDGMENT :

1. Heard learned Senior Advocate Mr. Mihir Thakore with learned Advocate Mr. Salil Thakore on behalf of the petitioner, learned Public Prosecutor Mr. Mitesh Amin on behalf of respondent – State, learned Advocate Mr. Ramnandan Singh on behalf of respondent no.2- complainant and learned Advocate Mr. M.M. Kharadi for learned Advocate Mr. M.M. Madni in Criminal Misc. Application No. 1 of 2022.

2. By way of these petitions, the petitioner has sought for quashing Criminal Case No. 22663 of 2017 pending before the learned 11th Judicial Magistrate First Class, Vadodara and other proceedings incidental thereto.

3. The brief facts relevant for deciding the present petition are enumerated as below:

The petitioner who was a lead Actor in a movie “ Raees”, prior to its release, had undertaken an exercise of promotion of the movie by way of a train journey from Mumbai to Delhi. As far as the present issue is concerned, the same relates to certain alleged incidents which had happened when the train had stopped at Vadodara Railway Station. That initially for the incidents at the Railway Station the respondent no.2, had submitted a complaint to the Police Sub Inspector, Railway Police Station, Sayajiganj, Vadodara inter alia praying for registration of an FIR against the petitioner. The respondent no.2 upon receiving no response from the police authorities, had preferred a private complaint against the petitioner and others before the Court of learned Judicial Magistrate First Class, Vadodara. The allegation in the compliant which came to be registered as Criminal Inquiry No. 218 of 2017 being that on 23.01.2017, the petitioner was travelling from Mumbai to Delhi in a train being August Kranti Rajdhani Express on 23.01.2017 for promotion of the movie referred to hereinabove without taking prior permission from the railway authorities. It is alleged that the train had stopped at Platform No. 6 at Vadodara Railway Station and whereas huge crowd of fans had gathered to see the petitioner. It is also alleged that the petitioner had thrown ‘smiley balls’ and ‘T- shirts’ in the crowd and there was a scuffle in the crowd over catching the same and on account of such scuffle, a stampede had ensued on account of which, some persons had got injured and some persons had become unconscious. It would be pertinent to state at this stage that the complaint inter alia further alleges that on account of the chaos created on account of the negligent acts on part of the petitioner, one person had expired. Thus alleging the impugned complaint, the complainant had sought for action to be taken against the present petitioner and two others for offences punishable under Sections 304(A), 427, 336 of the Indian Penal Code as well as offence punishable under Sections 145 and 147 of the Railways Act.

It appears that vide an order dated 02.03.2017, the learned 15th Additional Civil Judge, Judicial Magistrate First Class, Vadodara had noted that there was a police investigation also going on in respect of the same offence. Therefore, exercising powers under Section 210 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as “Cr.P.C”), the proceedings of the impugned complaint was stayed and the Investigating Officer conducting the inquiry was directed to submit a report within 45 days from the date of the order. It appears that the Deputy Superintendent of Police, Western Railway, Vadodara had submitted Inquiry Report No. 64 of 2017 dated 17.04.2017 to the Superintendent of Police and whereas the said report had been placed before the learned Magistrate. It appears that pursuant to such a report, the learned Magistrate had after taking cognizance of the complaint against the present petitioner had issued summons to the petitioner under Section 204 of the Code of Criminal Procedure for offences punishable under Sections 336, 337 and 338 of the Indian Penal Code and for offences punishable under Sections 145, 150, 152, 154 and 155(1)(a) of the Railways Ac