M.R. JAYAGEETHA Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) PETITIONER is the accused in a pending case,S.T.No.5734 of 2012 on the file of the Special Judicial Magistrate(Railways ),Kollam.The case arose on a complaint filed by the Season Ticket Inspector before the Special Juridical Magistrate(Railways ),Kollam,to prosecute the petitioner for offences punishable under Section 137(1 )(a ),138(b)and 155(1 )(b)of the Railways Act.

(2.) THE gist of the accusation is that she travelled unauthorisedly in a super fast express train in violation of the existing Railway Rules setting forth a claim to do so on the basis of a First Class Season Ticket issued by the Railways.Prosecution proceedings against her are thoroughly vitiated and it has been set in motion as a counter blast to her complaint against two ticket examiners of the Railways,who had intimidated and harassed her during the train journey,is her case,to seek the exercise of inherent powers of this court to quash the criminal proceedings.

(3.) LEARNED counsel for the Railways adverting to some judicial pronouncements rendered by this court contended that question is no longer res integra and it has been held that even possession of a First Class Season Ticket would not entitle the holder thereof to travel in a reserved compartment.It is further contended by the learned counsel that even if the petitioner possesses a super fast season ticket,that would not enable her to travel in the reserved compartment of a super fast train as per the railway rules.