FULENA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) By this application under section 482 of the Code of Criminal Procedure, 1973 all the seven petitioners challenge the legality of the order dated 21.11. 74, passed by the Sub-divisional Judicial Magistrate, Sahibganj taking cognizance against them under various sections of the Indian Penal Code on the ground that the conditions imposed under section 20-E of The Railway Protection Force Act, 1957 (No. 23 of 1957) hereinafter referred to as the Act were not complied with.

(2.) All the seven petititioners are members of the Railway Protection Force of different ranks.

(3.) The case of the petitioners is that on 16.8.1974 at about 7:30 p m. petitioners nos. 3 to 5 were on duty at Sakarigali Junction Railway Station under the jurisdiction of Sahibganj. They saw a number of persons in the verandah of the Railway Station and asked them to leave the railway compound. Thereafter they went on to their duty in the Yard. It is alleged that about 10 to 15 persons suddenly appeared at that place and assaulted the said petitioners by fists and slaps. They could recognise only Gopi Krishna Sharma and three others. Petitioner no. 3 on receiving the injuries became senseless and was carried to the office of the Assistant Station Master. When he regained his senses, he found that some of his belongings including his identity card,a certificate granted under section 7 of the Act) were stolen away by the miscreants. A case was registered with the Sahibganj Government Railway Police on the report of petitioner no. 3 of the said occurrence, as Sahibganj Case no. 5 (8) 74 under sections 147, 323 and 379 of the Indian Penal Code and section 121 of the Indian Railway Act. It is said that on the next day when petitioner no. 3 got down at Sahibganj Station, he saw Gopi Krishna Sharma aforesaid. He was arrested by him with the help of others and was handed over to the railway police.