Proceedings under the Railways Act are liable to be quashed if the core ingredients of the offences, such as endangering safety or intentional obstruction, are absent, and the order of cognizance reflects a lack of judicial application of mind.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

The petitioner is before this Court calling in question the proceedings in C.C.No.32925/2022 registered for the offences punishable under Sections 145(c), 147, 154 and 174(a) of the Railways Act, 1989.

2. Heard Sri Sparsh Shetty, learned counsel appearing for the petitioner, Sri.B.N.Jagadeesha, learned Addl. SPP appearing for the respondent and have perused the material on record.

3. Facts in brief, germane, are as follows:

At 1:30 p.m., on 27.07.2022, the accused members of the Congress party were present at platform No.3 at Whitefield railway station, raising slogans against the Central Government on certain policy issues. The petitioner and others are said to be indulging in a peaceful demonstration. The demonstrators therein squat in front of train No.01773 which was Bangarpet-KSR, Bengaluru, resulting in detention of the train for approximately 39 minutes. The station master of the Whitefield Railway Station informs the Railway Protection Force to register a complaint, which becomes a crime in Cr.No.776/2022 for the afore-quoted offences. Investigation is conducted and the Railway Protection Force file a charge sheet against the petitioner and others, and on 19.11.2022, the concerned Court takes cognizance of the afore-quoted offences. Taking of cognizance and issuance of a non-bailable warrant against the petitioner has driven the petitioner to this Court in the subject petition.

4. Learned counsel Sri Sparsh Shetty appearing for the petitioner would vehemently contend that the invocation of Section 154 of the Railways Act is solely misconceived as the complaint nor the chargesheet alleges any act resulting in endangering the safety of the passengers or damage to railway tracks. All that the petitioner is alleged to have done along with others is squatting on the railway track which delayed the train by 39 minutes. In the absence of any allegation of endangering any passengers safety or damage to the railway equipment, the cognizance being taken is without application of mind and contrary to law. He seeks to rely upon the judgment rendered by the High Court of Himachal Pradesh in the case of Diwakar Dev Sharma and others v. Government Railway Police Station and another , (Cr.MMO No.902 of 2022, disposed on 26.04.2023).

5. Per contra, learned Addl. SPP Sri. B.N.Jagadeesh appearing for the respondent would vehemently refute the submission in contending that the petitioner in fact did squat over the railway track. Therefore, it is for them to come out clean in a full blown trial.

6. I have given my anxious consideration to the submissions made by learned counsel for the parties and have perused the material on record.

7. The afore-narrated facts are not in dispute. Since the entire issue has now triggered from the complaint, which in fact triggered from a spot mahazar, reads as follows:

“8 Brief fact of the case: -

On 27.07.2022 at about 13.34hrs Station Master/Whitefield Railway station informed that an about 20 congress members under the leadership of Shri Mohammed Haris Nalpad S/O Harris Nalpad, state President Karnataka Pradesh youth congress committee arrived on PF No- 3 of Whitefield Railway station and squatted in front of Tr. No. 01773 Ex: Bangarpet- KSR Bengaluru by sloganeering against Central Government about its bias against the congress leaders and the policies of the central government and further climbed on the engine of the said train and obstructed the movement of