MANOJ KUMAR GAUTAM Vs. STATE U P

JUDGEMENT

(1.) APPLICANT Manoj Kumar gautam, Inspector Railway Police Force, etawah has moved this application under section 482 of the Code of Criminal procedure (hereinafter referred to as "the Code")for setting aside order dated 27th May 2008 passed by the opposite party No. 2 Additional chief Judicial Magistrate, Railways, allahabad (in short "the Magistrate") and to quash further proceedings of Criminal Case no. 3136 of 2008 (State v Manoj Kumar gautam) arising out of the aforesaid order pending in the court of the learned Magistrate.

(2.) THE relevant facts giving rise to the present application may be briefly stated as under:

(3.) ACCUSED Peer Bux, s/o Mauli Bux aged about 50 years, r/o Shastri Nagar, Ward No. 2, dibiyapur, P. S. Dibiyapur, District Auraiya was arrested by the RPF, Phaphoond, District auraiya on 21-9-2007 as he was found in unlawful possession of 72 Distribution valves (DVs) an important accessory to the rail. Consequently, a case under Section 3 r. P. U. P. Act was registered by the R. P. F, Outpost phaphoond against him at Case Crime no. 2 of 2007 on 21-7-2009 at 10. 00 a. m. The investigation of the case was entrusted to the applicant, who produced the accused before the learned Magistrate along with the papers for further detention in judicial custody (remand), as the investigation could not be completed within 24 hours as fixed by section 57 of the Code. The learned Magistrate remanded the accused in judicial custody for 14 days, which later on was extended from time to time on the request of the Investigating Officer.