DARSHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER No. 1, an Assistant Security Commissioner and petitioner No. 2, an Inspector in the Railway Protection Force (for short R.P.F.) were posted at Gaya at the relevant time and have filed this petition under Section 482 Cr. P.C. praying that the order dated 22.6.1992 passed by the Judicial Magistrate in Case No. G.R. 224/92/Tr. No. 966/92 by which the learned Judicial Magistrate has taken cognizance against the petitioners for offences under Sections 341, 323 and 322 of the Indian Penal Code be quashed.

(2.) FROM the averments made in the petition it appears that a complaint case No. 224 of 1992 was lodged by the Complainant -Opposite Party No. 2, Kumar Singh Barua, Ticket Collector, Gaya Junction against the petitioner and one Ram Nath Singh, Deputy Superintendent of Police on 25.4.1992 in the Court of the Chief Judicial Magistrate, Gaya alleging, inter alia, that on 14.4.1992 at 6.50 a.m. while the complainant was on duty at the main gate of Gaya Junction Petitioner No. 1 came and wanted to go outside and on demand by the complainant to produce the ticket, Petitioner No. 1 abused him and also assaulted him with fist and slaps and it was further alleged that petitioner No. 2 and Ram Nath Singh, Deputy Superintendent of Police, G.R.P., Gaya also came and dragged the Complainant to the G.R.P Police Station where also the petitioners assaulted the complainant. Accordingly, the Opposite Party No. 2 made a written petition to the G.R.P., Gaya which was recorded as Station Diary No. 371 of 1992 and the complainant was thereafter forwarded to the Railway Hospital for treatment.

(3.) PETITIONER No. 2 on 14.4.1992 got a secret information that a Ticket Travelling Inspector who was to board 3009 Up Train on duty would be carrying tickets collected at the gate of the railway junction which were to be re -sold and, therefore, petitioner No. 2 along with other personnels of R.P.F., near the main gate of Gaya Railway Station, were keeping a vigil and when they found that the T.T.I, arrived at the gate and the Opposite Party No. 2 who was a Ticket Collector collected the tickets from him which had been collected by the Ticket Collector from the passengers of 3009 Up Train which had arrived and when the said T.T.I, was about to board the train at about 6.50 a.m. he was challenged by petitioner No. 2 and petitioner No. 2 asked him to accompany him to the G.R.P. Police Station but many T.T.Is. along with Chief Inspector of Tickets came and rescued the said T.T.I. from the personnel of R.P.F. and helped him boarding the train and the petitioner No. 2 was threatened by the said persons.