MANOJ KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 10-6-84 one Shri Raghubansh Narayan Singh, Sangthan Mantri, Colliery Karamchari Sangh, Dakra, submitted a complaint to the Officer-in-charge, Khelari P. S. Ranchi alleging that 35 Wagons of coal was to be loaded in 198 Dn Goods Train from the Goods shed of L. P. Tikmani but only 6 Wagons were loaded on 9-6-1984. The remaining coal was to be loaded on 29 Wagons for transportation but it was not so loaded. It was carried away in the night. The complaint does not disclose what the complainant wanted to convey in his complaint. The complainant says that L. P. Tikmani had received 1250 tonnes of coal but actually 1850 tonnes had been loaded in the goods train. The coal loaded in the break was illegal as no document was prepared for transportation of the coal. No label was pasted on the Wagons. It is further alleged that the coal has been illegally transported with the connivance of C.C.L. The copy of application was forwarded to the Dy. Commissioner, Ranchi.

(2.) The Officer-in-charge, Khelari P. S. registered a case under Section 379 I.P.C. against L. P. Tikmani (Khelari P.S. No. 46/84) and entrusted investigation to Shri P.N. Bhadra. The case was registered on 11-6-1984. The complaint was being investigated by the State Police. The Government of Bihar requested the Central Government that the case to be entrusted for investigation to Central Bureau of Investigation (in short C.B.I.) The Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel and Training, Government of India vide notification No. 228/2/86/AVD II dated 27-7-1987 i.e. three years after the registration of the case, entrusted the investigation of F.I.R. No. 46/84 registered at P. S. Khelari, Distt. Ranchi. The F.I.R. of Khelari P.S. Case No. 46/84 was forwarded to Shri A.P. Singh, Dy. Superintendent of Police, C.B.I. New Delhi who made endorsement of the facts enumerated in the complaint of Shri Raghubans Narayan Singh, disclosed the offence punishable under Section 379, I. P. C. and he directed that a regular case be registered against the petitioner. Investigation was entrusted to Shri A.P. Singh, Dy. Superintendent of Police, C.B.I. The order of the Superintendent of Police was communicated to the Special Magistrate, C.B.I., Ranchi and other authorities and also the complainant. The C.B.I, took three years to complete the investigation.

(3.) On 18-12-1990 the Investigating Officer, Shri A.P. Singh, Dy. S.P.C.B.I. submitted chargesheet before Shri N. K. Sinha Special Judicial Magistrate, Ranchi against seven persons for trial under Section 120-B, r/w 420 and 268 IPC and 3/7 of the E.C. Act, 1955, r/w rule 3(i) of the Punjab Coal (Control) Order 1973. The Special Magistrate on receiving the chargesheet recorded that Investigating Officer had not submitted the case diary along with the charge-sheet which was legally necessary for taking cognizance. No chargesheet had been submitted against C.C.L. and Railway. The Special Magistrate thought a careful perusal in the matter was called for in the interest of justice. The Special Magistrate took cognizance in part and issued summons for appearance of accused persons on 17-1-1991. Probably the Judicial Magistrate thought that the C.B.I, should have submitted chargesheet also against the C.C.L. authorities and the Railway staff and he was disappointed to find that the C B.I. did favour to C.C.L. and Railway authorities. He observed that he will pass order in the matter on perusal of case diary. The petitioner, Manoranjan Prasad who is one of the accused mentioned in the chargesheet against whom cognizance has been taken, moved this Court for quashing the order of the Special Magistrate on 18-12-1990. This matter was argued on several dates.