Madhya Pradesh High Court
Rajesh Sharma vs The State Of Madhya Pradesh Judgement ... on 27 January, 2014
M.Cr.C. No.15288/2013
27/01/2014
Shri S.C.Datt, Sr. Advocate with Shri Nishant
Datt, Advocate for the applicants.
Shri S.D.Khan, Public Prosecutor for the
respondent-State.
As prayed by the learned counsel for the parties, matter is heard finally.
The applicants have preferred the present petition under Section 482 of Cr.P.C. to quash the proceeding of Crime No.454/2013 registered at Police Station GRP Katni for the offence punishable under Sections 323, 294, 384, 506, 354, 342 and 355/34 of IPC.
The brief facts of the case are that on 25.10.2013 a special haunt was directed by the applicants for inspection of the tickets particularly in Kamayani Express, and therefore more than 70 Ticket Collectors were deployed to check the tickets and at Platform No.3, 39 passengers were found without tickets. They were taken to the RPF Police Station and after sometime they deposited the fine and penalty and thereafter they were released. Thereafter in the evening one Ishwarchand Tripathi had given a written report to the Police Station GRP Katni about the misbehaviour and snatched of money from various persons, who were the participants of a rally called by Bhartiya Kisan Union and thereafter a case was registered.
After considering the submissions made by the learned counsel for the parties and looking to the evidence collected by the prosecution, it appears that a haunt was initiated by the applicants for checking of the tickets and more than 70 Ticket Collectors were deployed. Also the force of RPF was deployed for maintaining the law and order. Under such circumstances, there was no enmity of the applicants with those 39 passengers that they would have tortured and money was snatched from them, though they had tickets for their travelling from Bina to Uchchehra. When various Ticket Collectors were deployed and RPF force was also deployed, then there was no need to the applicants, who were superior officers in the railways to do something in person. It would be apparent that since the persons, who were participating in the rally without taking any appropriate ticket, were caught red handed and penalty was recovered, then being a counter blast such FIR was lodged. Some of the witnesses have stated against the applicants under Section 164 of Cr.P.C., but it appears that their statements are after thought. Nothing has been mentioned against the applicants in the complaint lodged by Ishwarchand Tripathi. If the applicants would have committed any crime against any of the passengers, then it should have been reported to Ishwarchand Tripathi, who gave a detailed report against the employees of the railways and members of the RPF. If the passengers had appropriate tickets, then certainly there was no need to take any sum from them. It is alleged that money was snatched from the various persons and Ticket Collector Hajari took the money from the victim Sagar Bai by inserting his hand in her blouse. However, such incident was not possible because in recovery of the penalty and fine, there was no personal interest to the staff members. On the contrary, they could send the concerned ticket- less passenger to the jail till recovery or those could be produced before the concerned Magistrate, and therefore there was no need to any of the Ticket Collectors to snatch money in forceful manner. However, if it is found that the allegation made against the Ticket Collector Hajari was true, then still it cannot be expected that such directions were issued by the applicants to do such things. Under such circumstances, looking to the FIR where there is no allegation against the applicants and the applicants were not expected to remain on the platform concerned at the time of incident, it appears that they are falsely implicated in the case, because a raid was directed upon the passengers, who were travelling without any appropriate ticket, because they were participating in the particular rally.
On the basis of the aforesaid discussion, it would be apparent that the applicants are falsely implicated in the matter. No offence has been done by the applicants. Consequently, the present petition filed by the applicants under Section 482 of Cr.P.C. is hereby allowed and the FIR registered against the applicants at Police Station GRP Katni vide Crime No.454/2013 is hereby quashed.
The police GRP Katni is directed to drop the name of the applicants from the case. If trial is pending, then the trial Court is directed to drop the name of the applicants from the trial.
Certified copy as per rules.
(N.K.Gupta) Judge Ansari