Court No. - 71
Case :- APPLICATION U/S 482 No. - 1989 of 2019 Applicant :- Dharmendra Saxena Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Akash Khare,Hari Om Counsel for Opposite Party :- G.A.,Vikash Chandra Tripathi
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant has approached this Court against order dated 14.11.2018 passed by the opposite party No.2 in Case Crime No. 610 of 2018, under Section 143 Railway Act, R.P.F. Post Basti.
It has been submitted that by the aforesaid order, the applicant was directed to appear before the Investigating Officer/Inspector, Railway Protection Force Post, Basti, for assisting in inquiry being conducted as per Section 180 B of the Railway Act, 1989. It has further been submitted that the applicant was suffering fracture in leg and therefore, he did not appeared before the Investigating Officer and sent registered letter praying for time and the same was returned back by the Investigating Officer with the endorsement of refusal, which has been brought on record as Annexure No. 12 of the affidavit in support of the application.
Since the order has been passed only under Section 143 Railway Act, it is open for the applicant to appear before the Investigating Officer and submit his reply within a period of one month. Investigating Officer is expected to submit his report before the Magistrate concerned within a period of three months thereafter.
Till then, no coercive measures shall be taken against the applicant.
With the aforesaid observation, this application is disposed of.
Order Date :- 22.1.2019 Ruchi Agrahari