State vs Shivakant Bajpai - 2024 Supreme(All) 1516

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 1516

NALIN KUMAR SRIVASTAVA
State – Appellant
Versus
Shivakant Bajpai – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Alok Ranjan Mishra.
For the Respondent: Manjul Mishra.

JUDGMENT :

NALIN KUMAR SRIVASTAVA, J.

Ref: Criminal Misc. Application (Leave to Appeal)

1. The present government appeal under Section 378 (3) Cr.P.C. has been filed against the impugned judgment and order dated 25.4.2023 passed by the Additional Chief Judicial Magistrate, Northern Railway, Bareilly in Criminal Case No. 592 of 2013, arising out of Case Crime No. 101 of 2013 under Sections 154 and 174 of the Railways Act, 1989, Police Station R.P.F. Post Shahjahanpur, Moradabad Division, Northern Railway whereby accused-respondent was acquitted.

2. Heard Shri Alok Ranjan Mishra, learned Standing Counsel appearing for the Government of India at length. None is present for the accused-respondent.

3. The prosecution story, in nutshell, is that boom lock post of the Railway Department was broken by a Truck bearing Registration No. UP-26-9171 being driven by its driver in a rash and negligent manner and the driver of the said Truck fled away from the place of occurrence but the Truck was taken into possession by the police. F.I.R. as Case Crime No. 101 of 2013 under Sections 154 and 174 of the Railways Act, 1989 was lodged. After investigation, the police report was submitted to the court for