MEHBOOB RAB Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the First Information Report (for short 'FIR') bearing G.R.P. Patna Junction Case No. 417 of 2014 registered under Sections 341, 323, 427, 307, 379, 504, 506 and 34 of the Indian Penal Code (for short 'IPC'). The aforesaid FIR has been registered by the G.R.P., Patna Junction on 07.09.2014 on a written complaint of one correspondent of E.T.V. Bihar and Jharkhand, namely, Neel Kamal Kumar (Opposite Party No.2).

(2.) In the FIR it is alleged that on 07.09.2014 at about 9.00 a.m. the informant received a call from a railway passenger that illegal extortion of money from railway passengers by the Train Ticket Examiners (for short 'TTE') is taking place at Patna Junction under the patronage of the petitioner Mehboob Rab, the Chief Commercial Manager (for short 'CCM'), East Central Railway (for short 'ECR'). On getting such information, the informant, a reporter of ETV reached Patna Junction along with his cameraman Rahul Kumar and started shooting the film of the ongoing illegal extortion. Audio video recording of the reaction of few railway passengers, who were being harassed and from whom illegal money was being taken, was also prepared. Having noticed the recording being made by the informant, the petitioner came there and gave a push to the cameraman because of which he fell down. When the informant saw this, he stopped the petitioner but the petitioner started abusing him. In the meantime, about one dozen supporters of the petitioner gathered there and started abusing the informant and his cameraman. The petitioner was repeatedly found shouting that 'you will telecast the video of illegal extortion, today I will kill you'. The petitioner also called few constables of RPF and took the informant and his cameraman near RPF Post. Thereafter, the petitioner left the place. The informant and his cameraman after standing near the RPF Post for some time went outside the Patna Station in the parking area. As soon as the informant reached near his car, 7 -8 persons claiming to be men of the petitioner being dressed in TTE uniform came there and stopped the petitioner and his cameraman saying that the petitioner wants to meet him. Then, the petitioner himself came there and told his men to kill the informant and his cameraman, which led to their assault. The petitioner himself caught hold of the cameraman by neck but somehow both of them managed to save their lives and ran away but not before they were relieved of their wallet, chain and wrist watch.

(3.) It has been submitted by Mr. S. D. Sanjay, learned Senior Counsel appearing on behalf of the petitioner that the present FIR is nothing but an abuse of the process of law by the informant with an intention to harass the petitioner. The entire prosecution story is false and fabricated and devoid of even a pinch of truth. He has urged that the petitioner reached Patna Junction on 07.09.2014 at about 9.30 a.m. by Shramjeevi Express as the train was late. After detraining, the petitioner found large crowd gathering in the ticket checking zone. He proceeded towards the gathering of the large number of passengers where ticket checking activities were going on and asked the passengers to go out of the ticket checking zone and not to overcrowd the area. All the passengers dispersed from there but one passenger, one press reporter and one cameraman remained there. Then the petitioner asked the said passenger to go out but he said that he had bought an ordinary ticket and traveled from Ara to Patna in a mail/express train but still he was fined then the petitioner made him understand that ordinary ticket would not authorize him to travel by mail/express train. Upon getting such explanation, the said passenger also left. However, the informant and his cameraman, who remained there, started shouting on the petitioner. They said that the petitioner cannot stop them from shooting the film of the ticket checking activity and showing it to the Railway Board authorities. They even threatened the petitioner and made indecent remarks.