LAXMAN DIXIT Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Chittaranjan Sinha learned Sr. counsel, Mr. Bipin Kumar Sinha learned counsel representing the C.B.I., Mr. Lalit Kishore AAG -III, and learned counsel representing the Railways.

(2.) SOLE question which is to be decided in this writ application is as to whether the matter relating to the allegation of huge quantity embezzlement and misappropriation should be referred to the Central Bureau of Investigation or it should be left to the Railway Protection Force or to the State Police. Initially Patna G.R.P.S. Case No. 29 of 1998 on 24.2.1998 was registered under Sections 406, 409, 120B of the Indian Penal Code. In that case the petitioner was the complainant. National Savings Certificate and Kishan Vikash Patra were stolen while the wagons were in the custody of Railway Protection Force. The seal of the wagons were found to be broken. The petitioner was posted as Officer In -Charge of the Railway Protection Force Post, Patna Junction from where he has retired with effect from 30th June, 2004. Patna G.R.P.S. Case No. 29 of 1998 was registered and later on another case was registered by the G.R.P.S. Patna Junction Police Station for the more or less same offence vide Patna G.R.P.S. Case No. 225 of 2006. In that case information was given by the Sub - Inspector of Police of Patna Railway Police Station that the conduct of the informant of G.R.P.S. Case No. 29 of 1998. was found to be suspicious. During investigation it transpires that the wagon sent to Howrah was kept Kailash Bihari Thakur Versus Bihar State Food & Civil Supplies Corporation standing at Patna Railway -yard and its seal has been found broken/re -seaied on several dates. On 23.2.1998 the petitioner informed that from wagon National Savings Certificate and Kishan Vikash Patra worth of rupees forty crores of each were stolen. Investigation pointed out that some certificates were used for obtaining the contacts also.

(3.) THE petitioner filed writ application saying that one case was pending vide G.R.P.S. Case No. 29 of 2008 so there was no reason for registering another case. His plea was that R.P. (U.P.) Act is special Act with overriding effect in which power and procedure for inquiry, trial including arrests and search and seizure of Railway properties have been detailed. A petition was filed that investigation of Patna G.R.P.S. Case No. 29 of 1998 be handed over to Railway Protection Force as the case was only covered under the provisions of the R.P. (U.P.) Act and no other agency was authorized to investigate the matter. Later on subsequent FIR was quashed considering the fact that the first FIR was with regard to the same offence so it was not tenable. The second FIR was quashed on 23.8.2006 in Cr. Misc. No. 28311 of 2006..