SALEEM BUX Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 20.11.2013 passed by the Additional Sessions Judge No.3, Jodhpur Metropolitan (hereinafter referred to as 'the revisional court') whereby the revisional court while dismissing the revision petition filed by the petitioner has affirmed the order dated 22.5.2012 passed by the Additional Chief Judicial Magistrate (Railway), Jodhpur Metropolitan (hereinafter referred to as 'the trial court') whereby the charges have been framed against the petitioner for the offence punishable under Section 3 of the Railway Properties (Unlawful Possession) Act, 1966 (hereinafter referred to as 'RP (UP) Act').

(2.) Learned counsel for the petitioner has argued that there is no iota of evidence available on record to suggest that the petitioner has committed any offence under Section 3 of RP (UP) Act. It is contended that railway property was recovered from the coaccused Kamlesh on 20th of February, 2009 and an entry to this effect is made in Malkhana register, however, the police has again shown the recovery of the said railway property from the petitioner on 21.2.2009 and only on that basis, the charge sheet has been filed against the petitioner for the offence punishable under Section 3 of RP (UP) Act. Learned counsel for the petitioner has also argued that the petitioner has been made accused in the case only on the basis of the statement of co-accused Kamlesh and, therefore, the order of framing charges against the petitioner is liable to be quashed. It is also argued by learned counsel for the petitioner that the revisional court has not taken into consideration these aspects of the matter and has illegally rejected the revision petition filed by the petitioner.

(3.) Learned counsel for the petitioner has placed reliance upon the decision of this Court rendered in Pradeep Kumar Jain v. State of Rajasthan reported in RLW 1999(2) Rajasthan page 268.