CHAMAN LAL BANSAL Vs. STATE OF PUNJAB UNION OF INDIA THROUGH SECRETARY MINISTRY OF RAILWAYS AND S I, R P F (RAILWAY PROTECTION FORCE)

JUDGEMENT

(1.) This is a petition under Section 484 Cr.P.C. for quashing complaint case No. 13 of 1983 under Section 3 of the Railways Property (unlawful possession) Act, 1966 (for short, the 1966 Act) registered at R.P.F. Post, Pathankot.

(2.) Briefly the facts of the case are that on 9.7.1980 an informer made a report before the S.I./S.H.O., G.R.P., Pathankot that petitioner had constructed his house at Abrol Nagar, Pathankot and for the said construction he had misappropriated 50 bags of cement from the store of the Railways. 50 bags were found in the house, which was being constructed by the petitioner but the same could not be connected with the Railways property. Consequently, the FIR was quashed on the ground that G.R.P. cannot investigate the offence as it was the Railway property and it was only the Railway Protection Force which could deal with the matter under Section 3 of the 1966 Act.

(3.) After the quashing of the FIR which was registered in 1980, a fresh complaint was filed before the Chief Judicial Magistrate, Gurdaspur on 26.10.1983. The petitioner was duly summoned by the Chief Judicial Magistrate. The petitioner put in his appearance and pre-charge evidence was recorded by the Chief Judicial Magistrate, Gurdaspur. Two witnesses were also examined.