SHAILENDRA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner is aggrieved by the order dated 25.5.2001 passed by learned Railway Magistrate, Chakradharpur at Chaibasa, in complaint case No. C-7 / 2 of 1995, whereby the application for discharge filed by the petitioner has been rejected by the Court below.

(3.) It appears that the petitioner was posted as Assistant Engineer (A.E. 1) at Tatanagar in the Railways. On 2.1.1995 some railway materials were recovered from a truck at the Parcel Office gate of Railway Station Tatanagar and subsequently, some other stolen railway materials, including 19 bags of cement, belonging to railways were recovered from the site store of a railway contractor viz., Subir Kumar Das of M/s Jyoti Constructions. It also appears that the apprehended accused persons had informed that those 19 bags of cement were forcibly kept inside his site store by another railway contractor Jitendra Tiwary on 30.12.1994, for which, they had reported the matter to Shri Shailendra Prasad, A.E. 1, Tatanagar, i.e., the petitioner, on 31.12.1994. On the basis of the seizure, Tata RPF Post Case No. 1/1995 was instituted for the offence under Section 3(a) of the R.P.(U.P.) Act, 1966, and after enquiry, complaint case No. C-7 / 2 of 1995 was instituted against the accused persons, including the petitioner, on the basis of the complaint filed by the Officer-incharge of the RPF Post Tatanagar.