• Accused under section 143 of the railways act

I was accused under the section 143 of the railways act, I was caught red handed at my shop while selling one railway e-ticket (General Quota) booked through Personal User illegally, after taking me on remand by RPF Adra (West Bengal) they found 590 e-tickets (pdf) amounting 11 lakh where the journey was completed and 99 live e-tickets (pdf) amounting 1.5 lakh where the journey not completed. A case was registered against me. Although they unable to find any kind of Tatkal Software. They seize my Laptop & mobile. So I was looking for some advice. My case was taken to magistrate court and I got the bail. They yet not submitted the charge sheet. So my question is to avoid getting a jail sentence and just paying a fine should I plead guilty or should I go ahead with the trial, I was afraid don’t have any previous criminal record and I am 29 years of age and I belong to a good family and also a Epilepsy Patient. I m the only income able person. So will the magistrate take this into account while announcing the quantum of the sentence, which I wish is only paying a fine and not a jail sentence, any advice will be helpful as I don’t know much about criminal cases. Thanks in advance.
Is there any provision available for West Bengal
B) If railway protection force has arrested you and filed the charge sheet, then you do not need to worry and instead can rely upon the judgment of high court of chattisgarh in Criminal Revision No.37 of 2004, it is said that Officer of Railway Protection Force is not entitled to initiate prosecution by filing chargesheet under Section 173 of Cr.P.C. for offence punishable under Section 143 of the Railways Act, 1989.
Asked 7 years ago in Criminal Law
Religion: Hindu

7 answers received in 1 day.

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8 Answers

1. See pleading guilty won't be good option in your case till your confirm that court is not awarding sentence it will just award the fine which can be only judged by previous orders of that court in such cases. If court is of the view that if accuse plead guilty they put fine then you can go for it for sake a local lawyer can assist you. Further in your case amount is more so contesting is better option as in case of pleading guilty court can award sentence it is not.necessary it will only order fine..

Further the medical condition and all this are rarely considered as court finds everyone equal before eyes of law but yes they can persuade the court.

 

2. Further yes this is correct you can go for quashing on this ground before the high court that railway police was not authorized to file prosecution so the case has footing and the whole case against you has to be quashed.

https://www.google.com/url?sa=t&source=web&rct=j&url=http://highcourt.cg.gov.in/Afr/courtJudgementandAFR/2014/Sep/CRR37of4.pdf&ved=2ahUKEwit9Y-s8vrfAhULLI8KHTjbCI8QFjAFegQIBBAB&usg=AOvVaw1nbSvHRdxHo-Nm7Rb24VK9&cshid=[deleted]

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

1) section 143 (1) b) provides that any person purchases or sells or attempts to purchase or sell tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the ticket which he so procures, supplies, purchases, sells or attempts to purchase or sell:

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than imprisonment for a term of one month or a fine of five thousand rupees."

 

2) you can apply for and obtain bail as it is bailable offence 

 

3) court would consider fact that you don’t have prior criminal record and are epilepsy patient

 

4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) one who purchases or sells or attempts to purchase or sell railway tickets with a view to carrying on any such business either by himself or by any other person, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to ten thousand rupees, or with both, and shall also forfeit the tickets which he so procures, supplies, purchases, sells or attempts to purchase or sell this is the minimum punishment unless you prove it otherwise that you are not induldge in any such act.

2) engage a senior advocate for trial. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Maximum punishment will be three years imprisonment or fine upto Rs. 10000 or both.

For the first time the magistrate if pleaded guilty may impose fine upto Rs. 5000 or one month imprisonment or both.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you admit guilt substantial conviction and sentence is definite please go for quashing or regular trial.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Sir,

It requires challenge before High court and High Court will interpret the duties and responsibilities of such officer and quash the charge sheet itself.  Alternatively you may file discharge application before trial court on the basis of above technical law and get discharged.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

yes you can plead guilty as punishment is  imprisonment or fine. Then you can pay the fine but it will be a conviction.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Punishment can be up to 3 years or fine which may extend to ten thousand rupees. This may be your first offense, request court for 4 PO or just impose fine.

Hire good lawyer. And on filling FIR, investigation and charge sheet will file by police only. Railway Protection Force inquiry not admissible to charge you under the act.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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