SHAMSHER BAHADUR ANSARI Vs. STATE

JUDGEMENT

(1.) The petitioners in this case are accused in C/7 Case No. 17/95 under Section 3(a) of the R. P. U. P. Act pending in the court of Railway Magistrate, Chakradharpur.

(2.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the entire proceedings, but main stress has been given on the order of issuance of warrant of arrest including the processes under Section 82/83 of the Cr. P. C. at the initiation of the R. P. F. personnel.

(3.) A report was submitted by Shri S. N. Das, Inspector of the Railway Protection Force to the effect that these petitioners were found carrying stolen railway coal and on being intercepted by the R.P.F. Personnel, they fled away. Seizure was made of the coal including the truck but the accused persons could not be apprehended. On receipt of the report and the seizure list the Railway Magistrate accepted the same and passed the order awaiting formal complaint from the side of the R.P.F. personnel but before the formal complaint could be filed as contemplated under Section 190(1) of the Cr.P.C. a petition was filed from the side of the R.P F. personnel for issuance of warrant of arrest against the accused petition and also for processes under Section 82/ 83, Cr.P.C.