Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Rishikesh sahay   31 October 2017

Theft case in 1st AC coach of train

I was travelling from NJP to Patna in 1AC coach of Capital express on 7th Oct, from the moving train my laptop bag with laptop, charger, mobile phone, goggles, purse with all debit&credit cards, ID proofs, cash and other valuables worth more than 2lakhs were stolen between Maldah and Katihar jn. As soon as i realized happening of this incident i pressed alarm button to call attendant to check but no one was present in the coach, i looked for attendant and coach conductor/TTE in the connected coaches of 2AC and 3AC but no one available. I pulled chain to stop the train, once the train stopped attendant, TTE and GRP appeared almost after 15-20min, other passengers in the coach also complained the same that none were present even when they needed some assistance. An FIR was lodged with the TTE and GRP in the runing train and further with GRP katihar, once it reached katihar jn. I was shocked with this incident and complained to railway ministry on tweeter about the poor safety & security arrangements in the train. MR instructed concerned officials to look into the matter and to take speedy action towards recovery of the stolen items, however there has been absloutely no progress in these 4wks and I'm tired and hopeless with same standard reply everytime that "it is under investigation". I dont feel that appropriate and serious action was ever taken by authorities towards recovery of the stolen items and also don't believe that it can be recovered anymore if no progress in 4wks. In addition to the valuables worth 2 lakhs including laptop, cellphone, purse, goggles and Rs. 45000 in cash i lost many important business documents & precious business data, i became absloutely handicaped without those documents and was not in a situation to travel and attend any business meetings scheduled in the next few days to finalize the business deals and so lost a business opportunity worth a Crore. As there is no responce and hope towards recovery of stolen items, I've no other option except asking the railway to compensate me for the losses which has caused due to negligenece on part of railway and its employees. Please advice how to proceed further. Thanks & regards Rishikesh Sahay


Learning

 11 Replies

Pawan S (06292021602) (Advocate)     31 October 2017

Despite FIR is registered, no proper investigation is done, in such a case, the aggrieved person can

 

  • approach the superintendent of Police (SP), with a written application, under sub-section 3 of section 154 of Cr.P.C, 1973.

 

  • approach Magistrate concerned under section 156 (3) of Cr.P.C. 

 

Rishikesh sahay   31 October 2017

Thanks mr. Saha, In case if there is no progress, can i claim a compensation from railway in a consumer court?

Jaspal singh (practicing lawyer)     31 October 2017

Yes ,you can file subsequent to criminal case  as well as consumer case on railway.

As you falls under the relationship of consumer.

Now it is well settled law  that Railways has to ensure the safety of the passengers and also the safety of his belongings and any shortcoming or inadequacy or imperfection amounts to deficiency in service and therefore it renders Railways liable to pay compensation as loss or injury including the mental injury suffered by him.

Regards

Jaspal S Maini(Adv)

9999987283

Rishikesh sahay   01 November 2017

Thanks Adv jaspal sahab, In that case will certainly need help of an expert and will contact you. Regards-Rishikesh

Pawan S (06292021602) (Advocate)     01 November 2017

It’s NOT like that, once a passenger boarded a train, all the responsibilities of his and his belonging, lies with the railways only.

Passengers are also liable for the safety of their belonging.

Certainly, anyone can file suit in the consumer court against railway after loosing their belonging in the train. But, how much the court will entertain these kind of suits & how much the complainant will get the benefit is a matter of question.

Rishikesh sahay   01 November 2017

Do agree with you Mr. Saha, it is definitely our own responcibility to take care of our belongings whether inside the train or outside. Please correct me if I am wrong but to my understanding difference in fare of different train and classes are not only for providing little extra wide birth, a bed roll and food but enhanced safety & security is a factor too. If it had happened on railway plateform or in an unreserved coach I would nod held railway much responcible for that but it happened in the cabin of 1st AC coach in a running train where an attendant is also deputed to ensure that only people with a valid ticket enters inside the coach. If the attendant was there how can any unauthorized person enter inside the coach and also walk out without his notice, the role of railway employee into this incident can also not be ruled out. And hence i consider it neglinence on part of railway as they have failed to provide security inside the train.  

I am not an expert of this subject but have explained as I understand it, please let me know your opinion.

Thanks & regards// Rishikesh

kunal “#unconventional #Aquari   01 November 2017

either approach a magistrate u/156 (3) crpc
or file a case u/consumer law
or civil case for vicarious liability against State

Pawan S (06292021602) (Advocate)     01 November 2017

"If the attendant was there how can any unauthorized person"
The person is authorized or unauthorized is a matter of investigation.

Jaspal singh (practicing lawyer)     01 November 2017

Duty of TTE to ensure that nobody enters reserved compartment. hence railway is very much liable for negligance.

 it was the duty of the TTE to ensure that no intruders entered the reserved compartment. Since apparently there was a failure on the part of the TTE to prevent entry of unauthorized person in the coach.

well settled by National consumer redressal. New Delhi, in UOI VS DR SHAOBHA AGGARWAL

Regards

Jaspal S Maini(Adv)
 

Rishikesh sahay   01 November 2017

Thanks all the experts above to help me with your knowlledge and experience. Your inputs has helped me to reach to a logical conclusion. Thanks again...

Rishikesh sahay   01 November 2017

Thanks all the experts above to help me with your knowlledge and experience. Your inputs has helped me to reach to a logical conclusion. Thanks again...

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