# It modifies aforesaid circulars and directs that

- **Citation:** C.L. No. 3546/Admn
- **Court:** Allahabad High Court
- **Decided:** 1994-05-12
- **Case number:** C.L. No. 3546/Admn
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/it-modifies-aforesaid-circulars-and-directs-that-163452
- **Pages:** 2

## Text

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.
289
C.L. No. 64/Admn. (A) dated 15th September, 1984

It supersedes C.L. No. 102/IVb-ll dated 9th June, 1976 regarding holding of
mobile courts and directs that the practice of holding mobile courts for the trial of cases
under the Motor Vehicles Act be discontinued with immediate effect.
C.L. No. 133/Admn. (A) dated 25th August, 1976

For checking of ticketless passengers in the buses of U.P. State Road Transport
Corporation, the services of one Special Judicial Magistrate may be made available to the
District Magistrate whenever required.
28.
RAILWAY MAGISTRATE
Regarding Sanction of staff to Additional Chief Judicial-Magistrate (Railway)
equivalent to that of Additional Chief Judicial-Magistrates.
C.L.No. 46/Ve-54/Admn. (D) dated May 12, 1994
I am directed to send herewith a copy of the G.O. No. 5730/Sat - Nyaya -2207/82, dated 12.1.1994, on the above subject, for information and necessary action.

29.
TRIAL OF CASES BY SPECIAL JUDICIAL MAGISTRATES/JUDGES
C.L. No.114/Admn. (A) dated 13th Ju!y, 1976

Municipal and other body's cases be entrusted to the Executive Magistrates who
have been appointed Special Judicial Magistrates under section 13 Cr.P.C. and they be
asked to give preference to the disposal of these cases.
C.L. No. 116/Admn. (B) dated 6th September, 1975
For expeditious removal of unauthorised occupation of Municipal land and also
for early hearing of petty cases, Chief judicial Magistrates in exercise of the powers
under section 15(2) of the Code of Criminal Procedure, 1973, should assign all
Municipal cases for trial exclusively to one of the Magistrates. For speedy disposal