RAMA SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these cases a common question has been raised for determination whether inquiry, which an officer of the Railway Protection Force holds under Section 8(1) of the Railway Property (Unlawful Possession) Act, 1966 (Act No. XXIX of 1966) (in short 'the Act'), is an investigation within the meaning of the Code of Criminal Procedure, 1973 (in short 'the Code'). A further question which requires consideration is whether on the basis of reports under Section 8(1) of the Act, the orders taking cognizance of the offence and consequent proceedings are vitiated.

(2.) All the Petitioners are facing trial for the offence under Section 3 of the Act. The allegation is that certain railway properties, reasonably suspected of having stolen or unlawfully obtained, were recevered from their possession by the members of the Railway Protection Force. Although with respect to the alleged offence, different cases have been instituted, since a common question is involved, for the sake of convenience, they are being disposed of by this order.

(3.) The case against accused Rama Shankar Prasad and Hare Krishna Prasad is pending before a Judicial Magistrate at Samastipur, whereas the cases of Petitioners Radhey Shyam Nigam and others as also to that of Shrawan Kumar Nigam and Ors. are pending at Khagaria.