DHRUBA PRADHAN Vs. STATE

JUDGEMENT

(1.) This Rule is directed against an order dated April 24, 1974, passed by Sri S.K. Bose, Judicial Magistrate, First Class, Jalpaiguri, rejecting a petition filed by the accused Petitioners praying that a case pending against them before the learned Magistrate under Sec. 3(a) of the Railway Property (Unlawful Possession) Act, 1966, (hereinafter referred to as the Act) may be quashed.

(2.) The facts out of which this Rule arises may briefly be stated as follows:

(3.) Mr. Anil Bandhu Ray, learned Advocate appearing on behalf of the Petitioners, has submitted that under Sec. 5 of the Act offences under the Act are non -cognizable offences and as such, Sec. 155(2) of the Code of Criminal Procedure, 1898, is attracted and a Police officer is not empowered to investigate without having previously obtained an order of a Magistrate. In the instant case, no such order having been obtained the entire investigation and the prosecution report submitted on the conclusion of investigation and the cognizance taken by the learned Magistrate on the basis of such report is wholly without jurisdiction.