S M SHERAZ ALLY Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this application under Section 482 Cr.P.C. the petitioners have prayed for quashing the order dt. 14.5.97 passed in C/7 case no. 73 of 1996. arising out of Tata R.P.F. Post case no. 11 of 1996 thereby and thereunder the Railway Magistrate camp at Chaibassa took cognizance of the offence u/s. 3A of the Railway Properties (Unlawful Possession) Act, 1966.

(2.) THE fact, in short, for the purpose of this application is that Inspector Railway Protection Force obtained a search warrant from the Railway Magistrate on 11.3.96 and conducted search in the premises of Shankar Singh Rolling Mill situate at Jawahar Nagar, Mango with the help of local police on 13.3.96 and recovered some articles as mentioned in the seizure list suspected to be the properties of the Railways and the investigation of the case was entrusted to Sri J. Manjhi, Assistant Sub -Inspector, RPF. The A.S.I., Railway Protection Force, after investigation, submitted Complaint case no. 15/97 as against these petitioners who are Manager and owner of the said Mill from where recovery of Railway properties were made and then through the impugned order the learned Railway Magistrate took cognizance of the offence u/s.

(3.) A of the R.P. (U.P.) Act, 1966. 3. The only grievance of the petitioners is that in this case the alleged investigation and submission of the complaint by an officer of the rank of Assistant Sub -Inspector of Railway Protection Force is apparently illegal and against the provision of section 2(c) read with Section 8 of the said Act. In that view of the matter, the submission of complaint is without jurisdiction and consequently the complaint will not proceed and so the impugned order dt. 14.5.97 by the Railway Magistrate taking cognizance of the offence in Complaint case no. C7 case no. 73 of 1996. is bad in law and liable to be quashed.