Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI, J.
Annu Tandon And Ors. – Appellants
Versus
State Through Railway Protection Force – Respondent
Criminal Appeal No.638 of 2021
Decided on : 25-01-2022

Advocates:
Advocate Appeared:
For the Appellant : Rohit Tripathi, Syed Zulfiqar Husain Naqv
For the Respondent: Mrs.Suniti Sachan

The main legal point established in the judgment is that the suspension of conviction and sentence under Section 389 Cr.P.C. should be considered in light of the specific consequences and circumstances of the case, especially when the appellant's disqualification from contesting elections warrants suspension.

Headnote:
Railways Act - Conviction under Section 174 (a) - 174 - [Railways Act, 1989, Section 174 (a)] - The court suspended the conviction and sentence of one appellant under Section 174 (a) of the Railways Act, 1989, while rejecting the same for other appellants. The court found that there was no specific evidence against the appellant whose conviction was suspended, and his involvement in a political demonstration did not involve any corruption or moral turpitude, warranting suspension of the conviction and sentence.
Fact of the Case:
The appellants were convicted under Section 174 (a) of the Railways Act, 1989 for obstructing a train during a political demonstration. The appellants sought suspension of their conviction and sentence under Section 389 Cr.P.C.
Finding of the Court:
The court rejected the suspension of conviction and sentence for appellants no. 1, 2, and 3, but suspended the conviction and sentence of appellant no. 4, citing his aspiration to contest in the upcoming Assembly elections and the lack of specific evidence against him.
Issues: The main issue was whether the conviction and sentence of the appellants should be suspended under Section 389 Cr.P.C.
Ratio Decidendi: The court held that the conviction and sentence of the appellant no. 4 should be suspended as his involvement in a political demonstration did not involve corruption or moral turpitude, and his disqualification from contesting elections warranted suspension of the conviction and sentence.
Final Decision: The court rejected the suspension of conviction and sentence for appellants no. 1, 2, and 3, but suspended the conviction and sentence of appellant no. 4 during the pendency of the appeal.

JUDGMENT :

(Crl. Misc. Application No. 48908 of 2021 – Application under Section 389 Cr.P.C.)

1. By means of this application under Section 389 of the Code of Criminal Procedure, 1973, the appellants have prayed that the order of their conviction and sentence by means of the judgment dated 18.03.2021 passed by the Special Judge, MP/MLA/Additional Sessions, Judge, Court No. 19, Lucknow in Criminal Case No. 578 of 2020 arising out of case Crime No. 243 of 2017, under Section 174 (a) of the Railways Act, 1989, Police Station RPF Post Unnao be stayed till disposal of this appeal.

2. Heard Ms. Kamini Jaiswal, learned Senior Advocate assisted by Mr. Rohit Tripahti, Advocate, learned counsel for the appellants as well as Mrs. Suniti Sachan, Advocate learned counsel for the respondent – State through Railway Protection Force and perused the record.

3. By means of the judgment dated 18.03.2021 passed by the learned Special Judge, MP/MLA/Additional Sessions Judge, Court No. 19, Lucknow in Criminal Case No. 578 of 2020, all the appellants have been convicted of committing an offence under Section 174 (a) of the Railways Act, 1989 and on the same day an order was passed imposing a punishment of two years simple imprisonment and they were directed to pay to the Railway Administration a sum of Rs. 25,000/-each towards damages and expenses, failing which they will have to undergo simple imprisonment for additional period of one month.

4. Against the aforesaid order dated 18.03.2021, the appellants have filed the instant Criminal Appeal under Section 374 (2) Cr.P.C. which was admitted by means of an order dated 25.03.2021.

5. On 25.03.2021, this Court has admitted the appeal by the following order: -

“The present appeal under Section 374(2) of the Cr.P.C. is moved against the conviction order couples with order of sentence dated 18.3.2021 passed by Special Judge, M.P./M.L.A./Additional Sessions Judge, Court No.19, Lucknow in Sessions Case No.578/2020 (State Vs. Annu Tondon & Ors.) arising out of Case Crime No.243/2017 under Section 174A, Railway Act, registered in Police Station-RPF post Unnao, whereby the trial court has convicted the appellant nos.1 to 4 namely Annu Tondon, Surya Narayan Yadav, Amit Shukla and Ankit Prihar in aforesaid offence sentencing simple imprisonment for two years and the fine under Section 357 and 359 of the Cr.P.C. alongwith the cost amounting to Rs.25,000/-each as well on failure an additional simple imprisonment of one month.

Since, office has reported no defect and the appeal is filed within time, relief is statutory, therefore, appeal is admitted. ”

6. Regarding the instant application under Section 389 (1) Cr.P.C., the Court has passed the following order: -

“An application under Section 389 of the Cr.P.C. bearing C.M.A. No. 48908 of 2021 also presented for the suspension of punishment.

Learned counsel for the respondent may file objection, if any, within ten days, providing copy thereof to learned counsel for the appellants.

List on 8.4.2021 as requested by learned counsel for the appellants for arguments over the application under Section 389 Cr.P.C. ”

7. Thereafter, the case was listed on 23.07.2021, on which date, the learned counsel for the respondent sought further time to file the objection against the application under Section 389 Cr.P.C. which was granted. Since then the case has been listed on numerous occasions but but till date no objection has been filed against the aforesaid application.

8. Ms. Kamini Jaiswal has submitted that the proceedings were initiated by a report dated 12.06.2017 lodged by the Railway Protection Force personnel stating that when Train No. 18191 was entering Unnao Railway Station on 12.06.2017, about 150 to 200 persons carrying the flag of a political party stood up on the line no. 2 near Hardoi ROB and started raising slogans in support of their demands due to which the Driver of Train No. 18191 had stopped the Train. Thereafter, some persons boarded on the engine. Upon enquiry, it tr