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For blocking rail track in 2015, Punjab Cong MLA gets a year in jail

On Monday, Rajinder Beri while speaking to The Indian Express, said that he has been fighting for the public interest and he will continue to fight and for the public he is ready to face any punishment.

Written by Anju Agnihotri Chaba | Jalandhar |
October 26, 2021 7:02:53 am

The Congress MLA from Jalandhar Central, Rajinder Beri, has been convicted in a 2015 case of blocking a railway track. He has been sentenced to one year in prison and fined Rs 2,000 by the court of Chief Judicial Magistrate, Amit Kumar Garg.

Beri is already on bail in this case and that bail will continue.

The case was transferred to this court on July 27 this year from the court of Special Railway Magistrate Munish Garg.

Beri was booked under Section 174 (imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both) of Railway Act for sitting between railway tracks during a protest against inflation. His protest, the court was told had led to the detention of train No.15707.

The case was registered by the Railway Protection Police (RPF) on the same day, but the complaint in this case was presented in the court by RPF in November 2019, almost four half years after the registration of the FIR.

Following the filing of the complaint by RPF, Beri filed a petition under Section 468 of Criminal Procedure Code for dismissal of the present complaint in July, 2021.

In his July, 2021 plea, Beri pointed out that the occurrence of the case took place on May 2, 2015 whereas the complaint was filed before the Magistrate on November 4, 2019 — after more than four and half years, while Section 174 of Railways Act states that it has to be done before three years.
But the prosecutor for the Railways submitted that the cognizance in the present case has already been taken by the court and the notice of accusation has also been served upon the accused/applicant and thus the present complaint cannot be dismissed.

The Railway court, which was then hearing the matter, said that the “notice of accusation has already been served upon the accused vide order dt.18.02.2020 and at that stage no such objection was raised by the accused. Once the cognizance has been taken, it is not open to the criminal court to recall its own order”.

On Monday, Rajinder Beri while speaking to The Indian Express, said that he has been fighting for the public interest and he will continue to fight and for the public he is ready to face any punishment.

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