Punjab Cong MLA gets one-year jail for obstructing train in 2015 - Hindustan Times
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Punjab Cong MLA gets one-year jail for obstructing train in 2015

ByGagandeep Jassowal
Oct 25, 2021 10:32 PM IST

Beri had sat in the middle of the railway tracks, with the Punjab Congress MLA out on bail, which will continue; he has said that he will appeal against the verdict before a district and sessions court

Jalandhar The court of chief judicial magistrate, Jalandhar, Amit Kumar Garg, on Monday sentenced Jalandhar Central Congress MLA Rajinder Beri to jail for a year for obstructing a train in 2015. Beri has also been fined 2,000, the non-payment of which will lead to additional jail time of one month. The detailed order is yet to be uploaded on the website.

The sentence of jail for obstructing train has been handed out to the Punjab Congress MLA from Jalandhar Central, Rajinder Beri, two years after the RPF filed a complaint. (HT Photo)
The sentence of jail for obstructing train has been handed out to the Punjab Congress MLA from Jalandhar Central, Rajinder Beri, two years after the RPF filed a complaint. (HT Photo)

The Railway Protection Force (RPF) had filed a complaint in the Jalandhar court on November 4, 2019, after more than four years of the incident. Beri was released on the bail by then special railway magistrate, Rahul Kumar and this will continue, as his bail will continue.

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In February 2020, the court framed charges against Beri under Section 174 of the Railway Act (obstructing the running of train) to which he pleaded not guilty and claimed trial.

According to the prosecution Beri, along with co-accused, had sat in the middle of the railway tracks on May 2, 2015, in protest against the then state and the Central governments at the Dakoha railway crossing over the issue of runaway inflation, as a result of which train number 15707 (Amarpali Express) had to be detained at the Chiheru (CEU) railway station in 2015.

In July 2021, Beri filed a plea under Section 468 of the CrPC for for dismissal of the present complaint by RPF. He contented that the complaint has been filed before the magistrate after more than four-and-a-half years and drew attention of the court towards limitations on taking cognizance for an offence under Section 174 of the Railways Act.

The special railways public prosecutor, however, contented that the present application is liable to be dismissed only on the ground that this court being criminal court has no power to recall its own order. The court said that the notice of accusation had already been served upon the accused on February 18, 2020 and at that stage no such objection was taken by the accused. Once the cognisance has been taken, it is not open to the criminal court to recall its own order.

“Undoubtedly, the legal proposition raised by learned counsel for the accused is correct, but the proceedings of the present case cannot be thrown out at this stage on the ground of limitation and the said ground is well available with the accused at the time of final adjudication of the matter,” added the court in its order. It added that since this court cannot recall its own order, the present application stands dismissed with no orders as to costs.

“I will appeal before the district and sessions judge in the matter as I have full faith in the judicial system,” Beri said, adding that he had protested for the people and would continue to fight for the common man.

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