1. 1. This is a petition under section 482 Cr.P.C. against the charge-sheet submitted by the police station, G.R.P., Jodhpur in C.R. No. 81 /89 submitted on 12.12.1994 and the cognizance taken by the learned Additional Chief Judicial Magistrate (Railway), Jodhpur for offences under sections 147, 148, 332, 353, 341 & 336 IPC and Sections 145 & 146 of the Railways Act and under section 3 of the Damages to the Public Properties Act r/w Section 149 IPC.

2. I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length.

3. The facts may be narrated in brief. On 30.8.1989 call was given by the opposition party for 'Bharat Band' at National level. It was followed throughout the country as well as at Jodhpur. So many persons actively participated in the demonstrations and large number of persons aggregated at the railway station, Jodhpur and declared that the train moving towards Delhi would not be allowed to move. The petitioner was a social and political worker ever since his young age and opposed the atrocities of ruling parties. He used to take part in processions, dharnas, bandhs, strikes etc. On the date of the incidence the crowd tried to s