Karnataka High Court Quashes Case Against Congress Leader Booked For Blocking Train At Station During Protest

The Karnataka High Court quashed criminal proceedings lodged against Congress leader Mohammed Haris Nalapad who was booked in 2022 for squatting infront of a train at a station in Bengaluru resulting in its detention, noting that none of the ingredients alleged were made out.

The petitioner had approached the high court against a trial court order taking cognizance of offences in an FIR registered under Sections 145(c)(If any person in any railway carriage or upon any part of a railway wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger he may be imprisoned for a term extendable to six months), 147(Trespass and refusal to desist from trespass), 154 (Endangering safety of persons travelling by railway by rash or negligent act or omission) and 174(a) (Obstructing running of train, etc) of the Railways Act.

Justice M Nagaprasanna referred to the trial court cognizance order and said:

"The order of taking of cognizance for the offences as aforesaid does not inspire even a semblance of confidence apart from the fact that none of the ingredients of Section 154 nor Section 174(a) of the Railways Act are met in the case at hand".

The court referred to Himachal Pradesh High Court's judgment in Diwakar Dev Sharma which contained similar circumstances and said:

"In the light of the ingredients of the offence being completely absent and the order of cognizance bearing no application of mind, as also the issue being considered by High Court of Himachal Pradesh, to which I am in respectful agreement of, the petition deserves to succeed".

It was alleged that on 27.07.2022, the accused members of the Congress party were present at platform No.3 at Whitefield railway station, raising slogans against the Central Government on certain policy issues.

It was alleged that the petitioner and others are said to be indulging in a peaceful demonstration. The demonstrators therein squat in front of a train, resulting in its detention for approximately 39 minutes. The station master of the Whitefield Railway Station informed the Railway Protection Force to register a complaint, which was registered as an FIR.

Investigation was conducted and the Railway Protection Force filed a charge sheet against the petitioner and others, and on 19.11.2022, the concerned Court takes cognizance of the afore-quoted offences. The trial court took cognizance and issued a non-bailable warrant against the petitioner against which he moved the high court.

It was argued that the provisions of the railway act were wrongly invoked as all that the petitioner is alleged to have done along with others is squatting on the railway track which delayed the train by 39 minutes. In the absence of any allegation of endangering any passengers safety or damage to the railway equipment, the cognizance being taken is without application of mind and contrary to law.

The State argued that the petitioner in fact did squat over the railway track.

The court quashed the proceedings and allowed the petition.

Case title: SRI MOHAMMED HARIS NALAPAD v/s STATE BY SGWF POST P.S. (RPF)

WRIT PETITION NO. 32 OF 2026

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