ABDULMAYEED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The accused-petitioners have filed the present application for quashing the order dated 6.12.1989 passed by the Judicial Magistrate, 1st Class, Samastipur, in R.P.F. Case No. 31/87 taking cognizance u/s 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the Act) as well as the order dated 18.4.95 rejecting the petition filed by the petitioners for their discharge.

(2.) The necessary facts to appreciate the point canvassed at the bar in this case are that on the basis of a report of Rajit Ram Shukla on 15.9.1987 that the petitioners were found in possession of railway property, a crime case being R.P.F. Case No. 31/87 u/s 3(a) of the Act was registered and enquiry of the case was entrusted to an A.S.I. of R.P.F. who after conducting the enquiry submitted a prosecution report. Thereafter the learned Magistrate took cognizance, as stated above, against the petitioners.

(3.) Seven witnesses were examined prior to charge and thereafter the accused petitioners filed an application for their discharge on the ground that Officer of the R.P.F. has no power to submit charge sheet and as he has submitted charge sheet in this case on the basis of which cognizance has been taken, the same is vitiated in law. The learned Magistrate rejected the prayer of the petitioners and fixed the date for framing of charges against them.