LAXMI KANT RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application under section 482 of the Code of Criminal Procedure, the petitioners have prayed for quashing an order dated 10.2.1998 passed by the Judicial Magistrate, Railway, in Samastipur NRPA (RPF) No. 3 of 1991 (TR. No. 165 of 1993), whereby the petition filed by the petitioners for their discharge has been rejected and direction has been given to frame charge against the petitioners' under section 3 of the Railway Property (Unlawful Possession) Act, 1966.

(2.) THE prosecution case, in brief, is that on telephonic information the business premises of the petitioner, Baidyanath Prasad @ Baidyanath Sah was raided and searched on 22.2.91 by the Railway Police Force Personnnel and some articles were recovered. Accordingly, a case was registered against the petitioners and two other accused per -song under section 3 of the Railway Property (Unlawful Possession) Act, 1966 (For short 'R.P.U.P.Act). It appears that after enquiry, an enquiry report was submitted.

(3.) I have heard the learned counsel for the parties.