SUSHIL KUMAR SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Vikash Kumar Pankaj, learned Advocate for the petitioner and Ms. Poonam Kumari Singh, learned Advocate for the Union of India.

(2.) The petitioner has invoked the inherent jurisdiction of this Court by filing the present quashing application under Sec. 482 of the Code of Criminal Procedure; 1973 assailing the impugned order dtd. 13/3/2019 passed by the learned Additional Chief Judicial Magistrate, Railway, Samastipur in RPF(SMI) P.S. Case No. 15 of 2015 (CR No. 499 of 2015), whereby the learned Court has taken cognizance of the offences punishable under Sec. 143 of the Railways Act, 1989 against the petitioner and others.

(3.) The brief facts giving rise to the present quashing application are that on 16/5/2015 the Central Intelligence Bureau (CIB) on a confidential information, keeping vigil over the Tatkal Railway Ticket Booking Counter. Suspecting some foul they entered in the booking cabin of the petitioner, where Station Superintendent, Station Master and others were present. In course of search, the CIB team recovered two tatkal tickets inside the counter but on calculating the cash, found that Rs.5,870.00 was deficient as per cash summary. The petitioner being dealing clerk stated that the money of two tickets are unpaid by the Station Superintendent and Station Master. Even on taking the sums of both the tickets and deducting it from deficient amount, Rs.350.00 was still found deficient for which no reasonable explanation was given by the petitioner. Accordingly the seizure list was prepared and both the tickets and an amount of Rs.2,500.00 was seized.