STATE OF BIHAR Vs. CHANDRA BHUSHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Respondents, who are the employees of the Railways, were caught red handed on 25-3-1987 while carrying away Railway Cement unlawfully for sale. Upon inquiry offences under The Railways Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "the Act") were held proved against the accused persons. Inquiry Report (Complaint) under the Act was filed by M.I. Khan, Inspector, RPF, Samstipur, against the accused persons in the Court of Judicial Magistrate, First Class, Samstipur. The accused persons filed applications before the Magistrate praying for their discharge on the ground that Sub-Inspector of Railway Protection Force, who submitted charge-sheet against them was not a "police officer" within the meaning of Section 173 of the Code of Criminal Procedure (hereinafter referred to as "the Code") and upon his report submitted in the Court, the Magistrate had no jurisdiction to take cognizance. Their prayer was rejected by the Magistrate against which they filed petitions in the High Court for quashing the order of the Magistrate. The High Court allowed the petitions of the respondents-accused and quashed the proceedings pending against them before the Railway Magistrate, vide the order impugned in these appeals.

(3.) We have heard the learned counsel appearing for the parties and perused the record and relevant provisions of the Act besides the Code.