SAIFUDDIN ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this present application the petitioner has prayed for quashing of the entire criminal prosecution being BKSC/ RPF Post Case No. 6/98 registered under Sections 3 of the Railway Property (Unlawful Possession) Act (Herein after referred to as the R.P.U.P. Act') and also the order dated 17-2-1999 taking cognizance passed by the learned Railway Magistrate, Dhanbad, against the accused persons namely Sagir Ansasri, Sukra Majhi, Hriday Chowdhury, Saifuddin Ansari, Lachhu Oraon and Lakhindar Singh.

(2.) The facts of the case in brief are that the prosecution report in the form of complaint dated 9-2-1999 was submitted by one Sri. RS. Prasad I.P.F./BKSC alleging therein that in the night of 3/4-2-1998 one portable generator was stolen away from Railway Medium carriage Shed, Bokaro. In connection with the enquiry of the said theft. On 13-10-1998 two outsiders namely Sukhra Majhi and Hriday Chowdhury were arrested in Unlawful possession of Railway Property, and during their interrogation they disclosed that they had committed theft of Railway Generator from medium carriage shed/Bokaro. They also disclosed the names of their associates as Lakhindar Singh and Lachhu Oraon and they stated that the said stolen generator was sold to one person of Siwandeh for Rs. 5000/-. It is further alleged that on their pointing out, the said stolen generator was recovered and seized from the possession of the accused Sagir Ansari, which was kept in the house owned by Salfuddin Ansari (Petitioner). The petitioner (Saifuddin Ansari) is the father of accused Sagir Ansari. No valid paper could be produced regarding the receipt of the said railway property i.e. generator by the accused persons.

(3.) Thereafter the statement of Sagir Ansari was recorded by R.P.F. personnel. In the said statements, Sagir Ansari confessed his guilt and stated that his father and other family members have no knowledge regarding the illegal, possession of the said generator.