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PRINCIPAL BENCH PATNA
Mr. Birendra Kumar, J
Sushil Kumar Modi – Appellant
Versus
The State of Bihar – Respondent
| Table of Content |
|---|
| 1. challenge to cognizance order based on limitation. (Para 2 , 3 , 4) |
| 2. discussion on delay and necessary legal authority for complaints. (Para 5 , 6 , 11 , 17) |
| 3. examination of alleged offences under railway act. (Para 8 , 12) |
| 4. invalidity of prosecution for lack of authorized complaint. (Para 18 , 21) |
ORAL JUDGMENT
Date : 18-06-2019
All the aforesaid applications were heard individually and the same are being disposed of by this common order for the reason that in all the applications, the main order, which is under challenge, is order of cognizance dated 02.05.2017 passed by the learned Railway Judicial Magistrate, Patna in Rail Police Force P.S. Case No. 1693 of 2014/CIS No. 3197(C) of 2014.
2. The petitioners and several others named and unknown were arrayed as accused in connection with the aforesaid police case with allegation that on 28.02.2014 about 100-125 people, having allegiance to a particular political party, had reached near the Sachivalaya Halt, Railway Station, to obstruct the railway movement. The informant, who is the Sub-Inspector of Police, Sachivalaya Police Station, arrested some of them to frustrate the chances of obstruction in railway traffic
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