MD FAIZ Vs. STATE

JUDGEMENT

(1.) THIS revision case has arisen out of an application under section 4'01 read- with section 482 of the Cr. P. C. 1973 challenging the legality of the proceedings in case No. C 83 of 1982 (T-356 of 1982) under section 3 (a) of the Railway Property (unlawful possession) Act 1966 pending in the court of Judicial Magistrate, First class, Barrackpore, 24 Parganas. As a matter of fact, a prayer has been made for quashing the aforesaid proceedings in view of their total illegality.

(2.) ON 4. 2. 82 P. R. Biswas, A. S, I. of police attached to ' Baranagore police station in course of his patrol duty in a mobile van arrived at Asokegarh colony where some local people produced before him the present petitioners and three other accused along with a gunny; bag containing ten pieces of aluminium window frames of various sizes. It was alleged that the accused persons were apprehended when they were trying to sell the aforesaid articles. The accused persons are said to have confessed their unlawful possession of railway property. Against the above background a petition of complaint was filed by Dilip kumar Sarkar, Inspector-in-charge of railway Protection Force, Dum Dum, eastern Railway, and a case under section 3 (a) of the Railway Properly (unlawful possession) Act was initiated against the present petitioners and the other three, namely, Paku Das, Saidul gazi and Biswahath Saha. The last named three persons being children their, case has been sent to the Juvenile Court, salt Lake City and it is reported that they having confessed their guilt they have been released for due admonition. The present two petitioners are members if Railway Protection Force.

(3.) EXAMINATION of seven witnesses being over a charge has been framed against them. The charge reads as follows : "first - That you, on or about the 4th day of February 1982 at asokegar P. S. Baranagore were present at the time of seizure when Purba Das, saidul Gazi, Biswanath Saha were found in possession of aluminium window and door plates used in B. M. C. Railway coaches, which were railway property suspect to have been stolen or lawfully obtained by you all and failed to account for your unlawful possession and you abetted in commission of such offence which was committed in consequence of your abetment. And thereby committed an offence punishable under section 3 (a) R. P, (U. P.)Act. 1966/114 I, P. G. and within my cognizable. Secondly - that you on or about the and I hereby direct that you be tried by the said court on the said charge : the charge is framed, read over and explained to the accused persons 2. to which they pleads not guilty and claims to be tried".