UNION OF INDIA Vs. GOVIND SWAROOP

JUDGEMENT

(1.) Brief facts of the case are that on 14.04.93, an informer informed the Sub Inspector Malaya Chaturvedi that some railway lines are in illegal possession of the accused Govind Swaroop Sharma R/o Anachi Ki Dhani, Bandikui, upon which the police reached there and enquired from the accused-respondent and he committed that he has some railway lines in his house which he has taken from contractor Beni Prasad Agarwal but in support of which he has nothing in written. The police recovered the lines and arrested the accused/respondent as well as contractor Beni Prasad Agarwal for the offence under Sec. 3 of the Railway Property (Unlawful Possession) Act, 1966 (for short 'the Act of 1966'). After investigation, the police filed challan before the Additional Chief Judge (Railway), Jaipur City, Camp Bandikui and vide impugned judgment dated 15.04.99 the Court below discharged the accused-respondent Govind Swaroop from the offence under Sec. 3 of the Act of 1966. Accused Beni Prasad Agarwal died during trial.

(2.) Being aggrieved and dissatisfied with the impugned judgment dated 15.04.99 discharging the accused-respondent from the offence under Sec. 3 of the Act of 1966, the petitioner has filed the instant criminal revision petition under Sec. 397 Crimial P.C.

(3.) Learned counsel for the accused-respondent raised preliminary objection regarding maintainability of the revision petition as the present revision petition has been filed by the State of Rajasthan not by the Railway, but this Court vide order dated 06.04.2004 having considered the preliminary objection, has observed that since on a complaint been made by the Railway Protection Force, the prosecution was also initiated on behalf of the Railway Protection Force before the Railway Magistrate, after considering the facts and circumstances, the Union of India is allowed to be substituted in place of the State of Rajasthan as petitioner in the present revision petition. The application for the same is allowed. Amended cause title was ordered to be filed within seven days and the same was subsequently filed.