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In Re: Mullapudi Rangayya - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in152Ind.Cas.615
AppellantIn Re: Mullapudi Rangayya
Cases Referred and Kumud Kanta Chakrabarty v. Emperor
Excerpt:
railway - trespass--lawful entry on one part of railway--entry into other parts, whether lawful--passenger with ticket--entry on rail way line. - .....quoted emperor v. lodai : air1927all646 , bashir ahmad v. emperor 48 ind. cas. 898 : 48 ind. cas. 896 and kumud kanta chakrabarty v. emperor 47 ind. cas. 74 : 22 cwn 575 : 19 cri. lj 878 supports this contention.3. if it were correct all ticket-holders and passengers can trespass on the line and presumably third class ticket-holder can enter 1st class compartment or 1st class waiting room while all ticket-holders can get into the signal boxes, engine driver's cabin and guard vans. the absurdity of these results shows that lawful entry into one part of the railway does not make entry into every part of a railway lawful. the petition is dismissed.
Judgment:
ORDER

Pakenham Walsh, J.

1. I have been shown no authority for the petitioner's contention that a lawful entry on to one part of the railway, as in this case of a passenger with a ticket on to the platform, entitles a person to enter on any part of the railway premises and to trespass on the line as in this case.

2. None of the cases quoted Emperor v. Lodai : AIR1927All646 , Bashir Ahmad v. Emperor 48 Ind. Cas. 898 : 48 Ind. Cas. 896 and Kumud Kanta Chakrabarty v. Emperor 47 Ind. Cas. 74 : 22 CWN 575 : 19 Cri. LJ 878 supports this contention.

3. If it were correct all ticket-holders and passengers can trespass on the line and presumably third class ticket-holder can enter 1st class compartment or 1st class waiting room while all ticket-holders can get into the signal boxes, engine driver's cabin and guard vans. The absurdity of these results shows that lawful entry into one part of the railway does not make entry into every part of a railway lawful. The petition is dismissed.


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