RANJEET PATHAK Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application under Section 482 of the Code of Criminal Procedure (for short 'CrPC'), the petitioner seeks quashing of the order dated 13.5.2015 passed by the 5th Additional Sessions Judge, Begusarai in Cr. Revision No.189 of 2014, whereby the revisional court has affirmed the order dated 21.3.2014 (wrongly typed as 31.3.2014) passed by the Railway Judicial Magistrate, Barauni, in Begusarai Rail P.S. Case No.5 of 2012 dated 11.3.2012 and dismissed the revision application preferred by the petitioner.

(2.) By order dated 21.3.2014, the Railway Judicial Magistrate, Barauni had rejected the application of the petitioner filed under Section 239 of the CrPC for discharge from Begusarai Rail P.S. Case No.5 of 2012 in which on submission of the police report under Section 173(2) of the CrPC cognizance of the offences punishable under Sections 279, 336 and 427 of 34 of the Indian Penal Code (for short 'IPC') and Section 175 of the Railways Act, 1989 (for short 'the Act of 1989') has been taken.

(3.) The prosecution case is based on the written information of one Rabindra Nath Thakur, Sub Inspector of Railway Police Station, Begusarai. It is stated in the written report that on 11.3.2012, at 5 a.m., Train No.12424 Down (Rajdhani Express), was passing through the loop line of up line because main line and down line at Begusarai Station were engaged, but all on a sudden the train stopped and passengers started making noise. It is further stated that the engine of the train got trapped in sand-hemp endangering the safety of the passengers. Though, none of the passengers was injured, the railway suffered loss of property. On enquiry, it was revealed that the alleged incident took place due to none co-ordination between the Assistant Station Master and the Loco-pilot.