JAI NARAIN TIWARI Vs. U.O.I.

JUDGEMENT

(1.) The present application under Section 482 Cr.P.C. has been filed praying for quashing the enquiry report/charge-sheet dated 30.3.2019 passed in Criminal Case No. 1203 of 2019 arising out of Crime No. 13 of 2018, under Section 3 of Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the ''Act, 1966'), Police Station R.P.F. Post Gonda, District Gonda as well as the summoning order dated 3.5.2019.

(2.) I have heard learned counsel for the applicant as well as the learned A.G.A. for the State.

(3.) The brief submission of the learned counsel for the applicant is that from perusal of the F.I.R., the charge-sheet even if taken to be a gospel truth, does not make out any case against the applicant under Section 3 of the ''Act, 1966'. The learned counsel for the applicant has taken me across the F.I.R. filed, which is on record as Annexure-6. A plain reading of the F.I.R. on record states that on 19.7.2018, Sri Vishal Srivastava, Chief Commercial Superintendent, Gonda had written a written report that Sri Jamuna Prasad, the Ticket Inspector, Gonda did not deposit the entire amount collected for the period October, 2016 to May, 2018, which amounts to approximately Rs. 13,78,673/-. It is stated that the said report was sent by the Chief Commercial Superintendent, Gonda to the Zonal Officer, Lucknow, which is being audited at Gorakhpur. The said Audit Department has confirmed the deficiency of Rs. 4,12,584/- for the period January, 2018 to May, 2018, the rest amount is under audit. It was further stated that Sri Jamuna Prasad, the Ticket Inspector, did not deposit the amoutn of Rs. 92,830/- for the month of Autust, 2017 and subsequently when the matter came to light, Sri Jamuna Prasad deposited the said amount. It was thus alleged that not depositing the income of the Railways in accordance with law amounts to misappropriation and criminal breach of trust. As regards the applicant, it was stated that Supervisor J.N. Tiwary is also negligent and prima facie appears to be involved in the crime and with the said allegations, the complaint was filed.