RABINDRA NATH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 19.07.2010 passed by the Special Judge, Vigilance, Muzaffarpur, in Rail P.S. Case No.03 of 1995 giving rise to Special Case No.04 of 2001, by which the learned Special Judge has rejected the petition filed by the petitioner under Section 239 Cr. P C. for his discharge.

(2.) Instant case has been filed by the informant alleging that he is dealing in Fertilizer from New Market, Saraiyaganj, District-Muzaffarpur, and is owner of firm M/s Binjarka Ware House and Manager of M/s Akshay Vyapaar. It is alleged that on 24.10.1994, his staff, Prem Prakash Agrawal, had gone to Narayanpur Anant Railway Station for taking delivery of one sealed rack of Fertilizer, which was sent from Nagarjun Fertilizer & Chemicals Ltd., Andhra Pradesh. Staff of the Complainant, Prem Prakash Agrawal, on the basis of the slip issued by the employee of Godown Superintendent and the staff of RPF, got loaded fertilizer on two trucks and on the third truck, in conspiracy of both the employees, in place of 200 bags of fertilizer, 200 bags of Cement were loaded. The aforesaid truck of the informant loaded with Cement reached near the Main Gate of the Godown, then objection was raised by the RPF Officials present on the gate and the truck was kept standing in the Godown inside the goods shade campus from 11.00 AM to 5.00 PM. Inspector, Rabindra Nath Sharma, Officer In charge of RPF Post (petitioner) came near gate at 5.00 PM and called the informant by making telephone call in the Godown. Transport Contractor, Sri Sidhnath Tiwari, of M/s Mithila Motor, went to meet the petitioner on behalf of the informant at Narainpur Anant Railway Station and made request with the petitioner to release Prem Prakash Agrawal on which petitioner made demand of rupees fifteen thousand as bribe. It is alleged that when the amount of bribe was not given then the petitioner on the basis of report of Sri Nirdayee Shyam Singh, ASI, RPF, registered a case against Prem Prakash Agawal and driver of Truck bearing registration no. BHM 8641, namely, Ram Singhashan Tiwary, under Section 3 of the RP UP Act vide RPF Case No.07 of 1994 dated 24.10.1994, and forwarded both the persons in the Court of the Railway Magistrate, Sonepur. They also took signature of Prem Prakash Agrawal on blank paper. They also took signature of the transporter on some written paper forcibly. Staff of the informant, Sri Prem Prakash Agrawal and the truck driver were also threatened by the accused persons to implicate them in other false cases.

(3.) The informant has alleged that he would not have any gain by loading Cement in place of Fertilizer because rate of Fertilizer in the market is Rs. 200/- per bag while the rate of the Cement is Rs. 100/- per bag. It is alleged that the informant is taking delivery of Fertilizer from the racks since several years, but after posting of the present petitioner, signature of staff of the informant was forcibly taken by them and 30-35 bags of Fertilizer are not loaded. Fertilizers were also stolen by the gang of women inside the Godown in conspiracy with petitioner and other accused persons.