RAJESH ANIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are accused Nos. 1 to 3 in C.C. No. 56 of 2004 on the file of the Chief Judicial Magistrate s Court, Kozhikode, approach this Court under Section 482 of the Code of Criminal Procedure (for short the Cr.P.C. ) seeking an order of quashing Annexure A and all the proceedings thereon including Annexure-F. The above case was instituted on taking cognizance by the court below upon a complaint dated 17.4.2004 filed by the second respondent for the offence punishable under Section 143(1)(a) of the Railways Act, 1989.

(2.) The facts which led to the above case are as follows-

(3.) Thus, according to the complainant, the investigation revealed that all the three accused carried on the illegal business of procuring and supplying of tickets for travel on Railway Reserved accommodation for journey in trains without any authority or licence and thereby committed the offence punishable under Section 143(1)(a) of the Railways Act, 1989. Accordingly, the second respondent requested before the Magistrate to take the complaint on file and to proceed against the accused in accordance with law. Thereupon, the learned Magistrate had examined the complainant and his sworn statement was recorded and cognizance was taken which is manifestly visible by the issuance of processes to the accused/petitioners.