- (1.) By means of this 482 Cr.P.C. application, the applicant has prayed for quashing of the orders dated 19.7.2002 and 29.7.2002 passed by Upper Mukhya Nayaik Magistrate, Northern Railway, Allahabad.
(2.) The brief facts of the case are that opposite party no.1, namely, Prem Chand Jaiswal (hereinafter referred to as 'opposite party no.1'), who is the owner of M/s Speed Roller (P) Ltd. has purchased 120 condemned wagons in an auction from the railways for the total amount of Rs. 1,00,41,305/- but he deposited only Rs. 10,41,200/- which was only for 40 wagons. Therefore, auction of remaining 80 wagons in his favour was cancelled by the competent authority of the railways, as such, he was entitled to take delivery of 40 wagons only of Lot Nos. 100411000 and 100421000.
(3.) While the delivery of the aforesaid lots were being given to the opposite party no.1, it was detected that he had unlawfully removed the valuable components of other 78 wagons which were standing in T.P.T. siding at Kanpur. In this regard joint reports dated 28.3.2001 and 29.3.2001 were prepared by the Divisional Stock Holder, Post Commander and Senior Section Engineer and the delivery of the aforesaid lots in favour of the opposite party no.1 was suspended till counting of the components of remaining wagons by Stock Holder.;