# 27. TRIAL BY RAILWAY MAGISTRATE AND MOBILE COURTS

- **Citation:** notification no. 132
- **Court:** Allahabad High Court
- **Decided:** 1974-03-29
- **Case number:** notification no. 132
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/27-trial-by-railway-magistrate-and-mobile-courts-163448
- **Pages:** 1

## Text

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27. TRIAL BY RAILWAY MAGISTRATE AND MOBILE COURTS
C.E. No. 881/Admn. (B) dated 29th August, 1974

In terms of Government notification no. 132 6/VII-A.N.208/74, dated March 29,
1974, the Judicial Magistrates (Railways) are required to hold their courts at any place of
any district in which they are posted so that complaints in respect of petty offences may
be filed before them and they may then and there, decide such cases. Such court shall,
however, be held at some distance from the scene of occurrence so that the litigant public
may not be under the impression that the Judicial Magistrates are a part of the railway
administration.
C.L. No. 703/Admn. (B) dated 11th July, 1975

Railway Magistrates will try at the railway station or on the line only cases in
which passengers are apprehended for traveling without ticket. Other cases will be
distributed among the various Judicial Magistrates including Munsif Magistrates having
jurisdiction. In no case, a Railway Magistrate shall try a case other than a railway case on
the line or at the railway station. When not trying a case on the line or at the railway
station, the Railway Magistrates shall hold court at the headquarters and try such cases as
are allotted to them.
C.L. No. 109/Admn. (B) dated 22nd August, 1975
To overcome the difficulties pointed out in connection with trial of cases relating
to transport offences Thana wise, it has been decided as follows :-
1.
The Chief Judicial Magistrates of each district may, in consultation with
the District Judge, assign cases pending up to July 15, 1975 to a magistrate
or distribute the same amongst the Judicial Magistrates available in the
district.
2.
As regards cases filed after July 15, 1975 the Chief Judicial Magistrate
shall distribute them, in consultation with the District Judge, amongst the
Judicial Magistrates available in the district so far as possible, Thana wise.
C.L. No. 119/Admn. (B) dated 15th September, 1975

Besides trying cases as indicated above a Railway Magistrate shall also try the
following category of cases under the Indian Railways Act.
1.
entering carriage in motion or improper travelling (Section 118);
2.
entering carriage or other places reserved for females (Section 119);
3.
drunkenness or nuisance on the railway (Section l20);
4.
canvassing or hawking on a railway without a licence (Section 120-A);
5.
tresspass and refusal to desist from tresspass (Section 122); and
6.
disobedience of omnibus drivers to the railway servant section 123 and
chain pulling.
In other classes of railway offences including offence under the Railway Property
(Unlawful Possession) Act, 1966 the Chief Judicial Magistrates, in consultation with the
District Judges, may exercise their discretion to assign any case or class of cases to a
Railway Magistrate to hold trial at the Railway premises in the interest of justice.