K.SABAPATHI Vs. ASSISTANT SUB-INSPECTOR

JUDGEMENT

(1.) This petition is filed to quash the charge sheet in C.C.No.239 of 2012, pending on the file of the learned Judicial Magistrates, Karaikudi, Sivagangai District.

(2.) According to the petitioner, on 12/8/2012, the petitioner was travelling as a passenger in Sethu Express to Chennai with II class unreserved ticket by entering into III tier AC coach to ask the ticket examiner to provide a berth. The ticket examiner has not accepted his request and thereby there was wordy quarrel between them. The said incident was taken place when the train reached Paramakudi Railway Station. In fact the ticket examiner for the purpose of accommodating the petitioner into AC coach has demanded illegal gratification but the petitioner was not willing to pay excess amount to the ticket examiner. Hence, there was a wordy quarrel between the petitioner and the ticket examiner. Thereafter, the ticket examiner passed on the message to the respondent and registered a case in Crime No.403 of 2012 under Ss. 155 and 146 of Indian Railways Act, 1989. Thereafter, the respondent filed a charge sheet before the jurisdictional Court for taking cognizance and the same was also taken on file as C.C.No.239 of 2012 before the learned Judicial Magistrate, Karaikudi, Sivagangai. The respondent before while filing the charge sheet, has not followed Sec. 180A and 180B of the Indian Railways Act, 1989, which mandates the Officer authorised has to necessarily commission of offence by way of holding inquiry. Even according to the averments, the ingredients of Ss. 146 and 155 of Indian Railways Act was not attracted and the respondent exceeded their limits and violated the mandatory procedure. The respondent has no authority to file charge sheet before the learned Judicial Magistrate and therefore, the proceedings are liable to be quashed.

(3.) No counter was filed by the respondent.