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2022 Supreme(All) 1011
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
DINESH KUMAR SINGH, J.
Annu Tandon and Others – Appellants
Versus
State through Railway Protection Force – Respondent
Criminal Appeal No. 638 of 2021
Decided On : 01-09-2022
Advocate Appeared:
For the Appellants : Rohit Tripathi, Syed Zulfiqar Husain Naqv.
For the Respondents: Suniti Sachan, Shiv P. Shukla.
The right to protest is subject to reasonable restrictions, and citizens are not permitted to violate laws while exercising their right to protest.
Headnote:
Rail Roko Agitation - Railways Act - Section 174(a)
Fact of the Case:
The appellants, along with other Congress workers, staged a protest near a railway track, obstructing the running of Train No. 18191 UP for 15 minutes. The trial court convicted and sentenced the appellants under Section 174(a) of the Railways Act.
Finding of the Court:
The trial court found that the appellants and other protesters obstructed the running of the train, leading to disruption of railway traffic for 15 minutes. The court held that the offence under Section 174(a) of the Railways Act was proved beyond reasonable doubt.
Issues: Whether the appellants' protest constituted an offence under Section 174(a) of the Railways Act.
Ratio Decidendi: The court held that the presence of the appellants on the railway track and their obstruction of the running train amounted to picketing, falling within the definition of Section 174(a) of the Railways Act.
Final Decision: The court modified the sentence, finding that imprisonment of two years was excessive, and sentenced the appellants with a fine only. The appellants had already deposited the fine, and their bail bonds were cancelled.
JUDGMENT :
DINESH KUMAR SINGH, J.
1. The present appeal under Section 374(2) read with Section 389 Cr.P.C. has been filed by the appellants against the judgment and order dated 18.3.2021 passed by the Special Judge, MP/MLA/Additional Sessions Judge, Court No. 19 in Session Case No. 578 of 2020, State vs. Smt. Annu Tandon and Others, arising out of Case Crime No. 243 of 2017, under Section 174(a) of the Railways Act, 1989, Police Station RPF Post, Unnao, whereby the learned Special Judge has convicted and sentenced the appellants under Section 174 (a) of the Railways Act with simple imprisonment for two years and further under Sections 357 and 359 Cr.P.C. has imposed fine of Rs. 25,000/- to each appellant to be deposited with the Railway administration and default of payment of fine, one month additional simple imprisonment.
2. The facts, in brief, are that a complaint was filed by the RPF, Post-Unnao stating that the Station Master, Northern Railways, Unnao on 12.6.2017 at around 11.42 A.M. gave information to the RPF/GRP, Unnao that Train No. 18191 UP was stopped soon before it was about to reach Platform No. 2 by some protesters of the Congress Party having flags and banners in their hands. On the said information, Incharge Inspector, Srinivas Mishra along with Constables Durgesh Kumar Yadav, Dheeraj Kumar Singh and Antesh Kumar Tewari reached to the over bridge, which was on the eastern side of the Unnao Railway Station. The RPF team found that 150-200 people having Congress Party flags and banners in their hands standing under the over bridge. At that time, Train No. 18191 UP was coming to Platform No. 2. These protesters seeing the train coming, came on the railway track of Platform No. 2. The driver of the train finding the crowd standing on the railway track, stopped the train near the over bridge before Platform No. 2 at around 11.38 A.M. As soon as the train was stopped, some protesters climbed on the engine of the train and raised slogans. GRP/RPF team could, however, persuade them to come down from the engine of the train, and the crowd was also persuaded to leave the railway track. The track was cleared at around 11.50 A.M. and the train started from the said place at around 11.54 A.M to Platform No. 2. Altogether, the train was detained by the protesters for 12 minutes.
3. Annu Tandon, appellant no. 1, Surya Narayan Yadav, District President of Congress Committee, Unnao and Amit Shukla, City President of Congress Committee, Unnao and Ankit Parihar were leading the protest. There was apprehension of law and order getting disturbed if these people were arrested and, therefore, no arrest was made.
4. Necessary formality was completed at the Post and a complaint was registered against the appellants and 150-200 other unknown persons at Case Crime No. 243 of 2017, under Section 174(a) of the Railways Act on 12.6.2017 at 13:00 Hours. The said offence was investigated by Sub-Inspector, Srinivas Mishra. Charge sheet was submitted against the appellants under Section 174(a) of the Railways Act. Appellants were summoned. Accused denied the charge and claimed for trial. The prosecution to prove its case produced as many as 22 documentary evidence and examined seven prosecution witnesses.
5. PW-1, Hyder Mehndi, who was posted as Station Master, Unnao on 12.6.2017, deposed that Train No. 18191 UP, Tata-Chapra Express was reaching to Platform No. 2. However, some unknown protesters stopped the train before it could reach Platform No. 2, as a result thereof, the rail traffic got interrupted. The incident was registered at 11.42 AM, and a copy of the same was given to the GRP/RPF. He proved the said report, which was marked as Ext.Ka-1.
6. PW-2, Dheeraj Kumar Singh, Constable of RPF, deposed that on 12.6.2017 after receiving information regarding stoppage of Train No. 18191 UP by the crowd, the police team reached to the place and found that Train No. 18191 UP was stopped by 150-200 protesters and some of them, had climbed on the engine
