RAMCO CEMENTS LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The respondent herein received source information on 17.12.2015 that certain officials of southern railways have conspired with certain unknown persons and caused loss to the tune of almost a crore of rupees by inducing a fault in the functioning of the In-motion weigh bridge installed at Tiruchirapalli. The case was taken up for investigation and after examining the relevant witnesses, the respondent filed final report before the learned Chief Judicial Magistrate, Tiruchirappalli naming as many as five accused as having committed the offences punishable under Sections 120 B r/w 420, 406 IPC and Section 65 of the Information Technology Act, 2000. A1, A2 and A3 are the officials working in M/s.Senlogic Automation Private Ltd which had installed the said In-motion Weigh Bridge. A5 is the company itself. The petitioner herein has been named as the fourth accused. Cognizance of the offence was taken by the learned Chief Judicial Magistrate, Tiruchirappalli and the case has been taken up for trial in CC No.2 of 2016. To quash the prosecution insofar the petitioner company is concerned, the fourth accused has filed this quash petition.

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Special Public Prosecutor for the prosecution and perused the materials on record.

(3.) The procedure with regard to the operation and functioning of the electronic weigh bridge system is found in the statement of LW.7 Smt.B.Nirmala Bridget, Chief Goods Supervisor, Southern Railway, Trichirappalli. It read as follows :