TEJ KARAN MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present application under Sec. 482 of Code of Criminal Procedure (hereinafter referred to as Cr.P.C. has been filed with a prayer to quash the entire proceedings of Criminal Case No. 252 of 2022, arising out of Case Crime No. 17 of 2021, under Sec. 3/4 of Railway Property (Unlawful Possession) Act, 1966, Police Station R.P.F. Ghaziabad, District Ghaziabad, as well as cognizance/summoning order dtd. 8/2/2022, pending in the court of Additional Chief Judicial Magistrate, (N.R.), Ghaziabad.

(2.) Brief facts of the case are that complaint dtd. 10/10/2021 has been filed and registered as aforesaid case crime, for theft of three old transformer from E.M.U. Car Shade, Ghaziabad, on 9/10/2021. One stolen transformer has been recovered from the shop of co-accused Alimuddin Kabadi and two other old transformers were recovered from the shop of another co-accused Noor Mohd. Kabadi. As per recovery memo dtd. 13/10/2021, there is no allegation levelled against the applicant for commission of aforesaid offence. As per pre-summoning evidence, applicant has been implicated as he allowed the accused persons for the purpose of loading of garbage and cleaning grass at the place of occurrence prior to the incident. The applicant was posted as Chief Health Inspector, Northern Railway Zone, EMU Car Shade Ghaziabad and was assigned additional duty for looking after the cleaning and sanitization. There is a contract dtd. 23/4/2012 of cleaning work of EMU Car Shade Ghaziabad premises with a private contractor which was valid up to 30/9/2021.

(3.) Learned counsel for the applicant submits that except the confessional statement of the present applicant recorded by the Inspector of Railway Police, there is no other pre-summoning evidence against the applicant. It is further submitted that the applicant was exonerated in the Departmental enquiry dtd. 7/12/2021, wherein it has been observed and found that the present applicant was not present at the place of incident at the relevant point of time, but he was working in the Administrative Block to prepare details of Covid vaccination work as per the orders of his Superior officer.