Sudhir Agarwal, J. - (1.) Heard Sri Praveen Kumar, Advocate holding brief of Sri Manish Tiwary, learned counsel for applicants; and, Sri Rajnish Kumar Rai, Advocate for complainant and Sri Syed Ali Murtaza, learned AGA for State of U.P.
(2.) This is an application filed under Section 482 Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C.") praying for quashing of proceedings of Case Crime No. 8 of 2003, under Section 3 of Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "Act, 1966"), Police Station- D.L.W. Railway Protection Force (hereinafter referred to as "RPF") Post D.L.W. Varanasi.
(3.) Case was registered at P.S. RPF Post D.L.W. Varanasi on 20.05.2003 alleging that a piece of Railway line was recovered from Vikas Singh and he was arrested with Railway property. When enquired from him, he told that applicants who were earlier Manager at petrol pump where he (Vikas Singh) was working, may be able to tell about the said property, since Railway property was lying at the petrol pump before employment of Vikas Singh. Vikas Singh was enlarged on bail by Sessions Judge, Varanasi vide order dated 24.05.2003. On 05.04.2004, Investigating Officer informed Additional Chief Judicial Magistrate, North Eastern Region, Varanasi about the investigation, he is making in the matter. These proceedings have been challenged by applicants on the ground that offence under Act, 1966 is not cognizable in view of Section 5 thereof, hence, Enquiry Officer has only option of making enquiry and file complaint and no procedure is prescribed whereunder he may approach Magistrate concerned to inform about the proceedings conducted by him. It is also submitted that from G.D. Entry dated 20.05.2003 at Serial No. 37, it cannot be said that any offence has been committed by applicants under Section 3 or 4 of Act, 1966 and, therefore, report submitted by Enquiry Officer before Additional Chief Judicial Magistrate, North Eastern Region, Varanasi on 05.04.2004 is totally misconceived.;