ROHTAS SINGH SANKHALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the entire prosecution of the petitioners in R. RF. Case No. 93/89 arising out of Danapur R. P. F. Case No. 5 (10) 89 dated 31. 10. 89 including the order dated 20. 6. 1995 passed therein by which the learned Judicial Magistrate (Railways) has refused to discharge the petitioners and has directed them to remain physically present in court for framing of charge under Section 3 (a) of Railway Property (Unlawful Possession) Act.

(2.) IT appears that on 31. 10. 1989 at about 9. 30 RM. in the night while informant chandradeo Thakur, S. I. of R. RF. Danapur, tileshwar Kumar, Hawaldar of R. RF. Danapur, Avinash Chandra Singh, S. I of r. P. F. Danapur were on round-duty in the railway yard at Danapur, they saw four persons (petitioner nos. 1 to 4) going with some articles towards north from the open wagon near the railway goods shed. They also saw jeep no. BR-A-545-P standing to the North of the railway goods shed and the said persons were loading the articles therein. It further appears that the informant and his two companions went there and found two articles of aluminium 7' in length, two other articles of aluminium about 4' in length and one iron hathaura, one screw driver, four wrench loaded in the Jeep and two articles bearing yellow paint made of iron lying on the ground by the side of the jeep. It is alleged that on being asked, the said four persons who are petitioner nos. 1 to 4 in this petition, gave out their names and told the informant that they were employees of M/s Speed Craft Private Ltd. but they neither produced any authority with regard to the said articles nor gave any satisfactory reply with regard thereto. It has also been alleged that Rohtas Singh (petitioner no. 1) who is the Supervisor in the said company, stated before the informant that sri H. K. Sharma (petitioner no. 5)Manager of the company, brought them there by the said jeep and directed them to take out the said parts, from the Tamper loaded on the wagon and carry the same to the factory. Thereafter, the informant seized the said articles under the seizure list, arrested the aforesaid petitioner nos. 1 to 4 and on his report, a case for enquiry was registered being case no. 5 (10)89 dated 31. 10. 1989 under section 3 of Railway property (Unlawful Possession) Act for enquiry. After enquiry a complaint was filed before the Railway Magistrate which gave rise to R. P. F. Case No. 93/89. Subsequently, by order dated 6. 10. 1990 the Judicial magistrate (Railways) Patna, took cognizance of an offence under setion 3 of the railway Property (Unlawful Possession) Act, 1966. The petitioners after appearing before the learned Magistrate, filed a petition for discharge which was rejected by the impugned order dated 20. 6. 1995 and the accused petitioners were directed to remain present in court for framing of charge and fence this petition under section 482 of the cr. P. C. for quashing the entire prosecution including the said order.

(3.) IT was not disputed that the petitioners are employees of M/s Speed craft Private Ltd. having its factory at Sahay nagar (Phulwari Sharif ). It was also not disputed that the said company manufactures, inter alia, light duty tampers. It was not disputed that one such tamper had been booked on 5. 10. 1989 for being transported to Kharagpur from Danapur Railway Stallion in an open wagon (KF type Carriage)and two escorts of the company had been allowed to accompany the consignment by the railway. It was also not disputed that loading of the consignment had been done by the said company which had not been supervised by the railway staff and unloading at the destination was to be done by the company itself. Moreover, these facts are apparent from Annexure 1 which is a copy of the railway receipt granted to the company in this regard.