ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner has been made accused for the offence under Section 160 (ii) of the Railways Act 1989 in connection with Koderma R.P.F. Post Case No.46 of 2005 corresponding to U/R Case No.502 of 2005.

(3.) It appears that on 12.11.2005, the petitioner, who is the driver of a three wheeler, dashed his vehicle against the level crossing while it was being closed, due to which, the level crossing was damaged disrupting the rail traffic. It appears that the petitioner managed to flee away, but his three wheeler was seized and the case was instituted for the offence under Section 160 (ii) of the Railways Act, which is punishable with the maximum period of imprisonment of five years. It also appears that though the occurrence took place on 12.11.2005, but the charge sheet has not yet been filed in the case, and accordingly, the application was filed by the petitioner for discharge in the court below taking plea that the case of the petitioner would come under Section 160(i) of the Railways Act, which was punishable with the maximum punishment of imprisonment of 3 years, and accordingly, taking cognizance was barred on the expiry of the period of three years. It was submitted that since much more than three years had expired, the petitioner should be discharged.