ANNU TANDON Vs. STATE

JUDGEMENT

(1.) The present appeal under Sec. 374(2) read with Sec. 389 Cr.P.C. has been filed by the appellants against the judgement and order dtd. 18/3/2021 passed by the Special Judge, MP/MLA/Additional Sessions Judge, Court No.19 in Session Case No.578 of 2020, State Vs. Smt. Annu Tandon and others, arising out of Case Crime No.243 of 2017, under Sec. 174(a) of the Railways Act, 1989, Police Station RPF Post, Unnao, whereby the learned Special Judge has convicted and sentenced the appellants under Sec. 174 (a) of the Railways Act with simple imprisonment for two years and further under Ss. 357 and 359 Cr.P.C. has imposed fine of Rs.25,000.00 to each appellant to be deposited with the Railway administration and default of payment of fine, one month additional simple imprisonment.

(2.) The facts, in brief, are that a complaint was filed by the RPF, Post-Unnao stating that the Station Master, Northern Railways, Unnao on 12/6/2017 at around 11.42 AM gave information to the RPF/GRP, Unnao that Train No.18191 UP was stopped soon before it was about to reach Platform No.2 by some protesters of the Congress Party having flags and banners in their hands. On the said information, In-charge Inspector, Srinivas Mishra along with Constables Durgesh Kumar Yadav, Dheeraj Kumar Singh and Antesh Kumar Tewari reached to the over bridge, which was on the eastern side of the Unnao Railway Station. The RPF team found that 150-200 people having Congress Party flags and banners in their hands standing under the over bridge. At that time, Train No.18191 UP was coming to Platform No.2. These protesters seeing the train coming, came on the railway track of Platform No.2. The driver of the train finding the crowd standing on the railway track, stopped the train near the over bridge before Platform No.2 at around 11.38 AM. As soon as the train was stopped, some protesters climbed on the engine of the train and raised slogans. GRP/RPF team could, however, persuade them to come down from the engine of the train, and the crowd was also persuaded to leave the railway track. The track was cleared at around 11.50 AM and the train started from the said place at around 11.54 AM to Platform No.2. Altogether, the train was detained by the protesters for 12 minutes.

(3.) Annu Tandon, appellant no.1, Surya Narayan Yadav, District President of Congress Committee, Unnao and Amit Shukla, City President of Congress Committee, Unnao and Ankit Parihar were leading the protest. There was apprehension of law and order getting disturbed if these people were arrested and, therefore, no arrest was made.