# 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-163450 - **Pages:** 2 ## Text 287 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. 288 C.L. No. 3546/Admn. (A) dated 6th April, 1981 It modifies aforesaid circulars and directs that:- 1. the Railway Magistrates may hold courts at any place of any district in which they are posted in order that the complaints in respect of petty offences may be filed before them and they may, then and there, decide such cases, so that the litigant public may be relieved of avoidable hardships and there may be speedy disposal of cases. Such courts 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, 2. the Railway Magistrates should co-operate with the raiding parties of the railway administration and remain present on the spot for the trial of cases. Such cooperation is all the more necessary at the time of special drives conducted by the railway authorities, 3. the Railway Magistrates shall only try, at the railway stations or on the line, cases in which passengers are apprehended for travelling without tickets. In any case a Railway Magistrate shall not try cases other than a railway case at the railway station or on the line and in case they are not trying cases at the railway station or on the line, they shall hold court at the headquarters and try such cases as are allotted to them. The trial of the following categories of cases under the Indian Railway Act may also be held by the Railway Magistrates at the railway premises:- (i) entering carriage in motion or improperly travelling (Section 118); (ii) entering carriage or other place reserved for females (Section 119); (iii) drunkenness or nuisance on, the railway (Section 120); (iv) canvassing or hawking on a railway without a licence (Section 120-A); (v) trespass and refusal to desist from trespass (Section 122), and (vi) Disobedience of omnibus drivers to the railway servants under section 123 and chain pulling. As regards other class of railway offences including offences under the Railway Property (Unlawful Possession) Act, 1966, a discretion shall be exercised by the Chief Judicial Magistrate in consultation with the District Judge in order to assign any case or class of cases to a Railway Magistrate to hold the trial at the railway premises in the interest of justice, keeping in view the convenience of the railway administration, accused and witnesses. Mobile Courts C.L. No. 102/IVb-11 dated 9th June, 1976 The local transport authorities as well as municipal authorities be contacted immediately to provide a vehicle to carry the Special Judicial Magistrates who will be authorised to operate as mobile courts. The mobile courts should start functioning with effect from 1st July, 1976. These mobile courts would deal with cases under the Motor Vehicles Act, breach of Municipal bye-laws, Weights and Measures Act, etc., that is, the cases which can effectively be tried and dealt with on the spot. Top priority may please be given to this matter.