- (1.) This revisional application is for quashing of a proceeding arising out of Bally R.P.F. Post Case No. 2(11) 91 under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.
(2.) The fact of the case, as it appears from the Enquiry Report submitted by the Enquiry Officer of the case, is that on 8.11.1991 at about 9.30 hours Sub-Inspector U.B. Biswal along with other officers apprehended one absconder accused in connection with Bally R.P.F. Post Case No. 5 (5) 91 dated 21.5.1991 under section 3 (a) R.P. (U.P.) Act. During interrogation of the said accused he made a confession that he disposed of stolen Railway materials in the shop-cum-godown of one Bala Gupta, which he would identify. On the basis of such statement the officers of Bally R.P.F. Post along with officers of the local police station conducted a raid in the said godown. During search one Madan Gupta and two others were arrested while they were engaged in unloading Railway iron materials from a truck bearing No. W.M.K. 2126 which was parked inside the premises of the said go down. Other two persons were also arrested while they were cutting rail pieces with the help of gas-cutter inside the said godown. During search of the said godown huge quantity of Railway iron materials were recovered from the godown and the truck with the said materials were seized under proper seizure list. During enquiry it could be ascertained that the godown in question is registered in the name of one Sushila Devi and the management of the same is looked after by his son Gopal Prasad Show (present petitioner No.1). It was alleged that Gopal Prasad Show was having full knowledge about the storage and handling of railway iron materials unlawfully obtained by the accused persons in his godown and for this illegal act he was charging high rate of rent from the accused persons. Therefore, he had connived with the offenders for his personal gain which is punishable under section 4 R.P. (U.P.) Act, 1996. During enquiry a prima facie case was made out against all the accused persons and accordingly the enquiry report (complaint) was filed before the learned Magistrate with a prayer for taking cognizance of the offence under section 3(a)/4/13 of the R.P. (U.P.) Act.
(3.) On receipt of the said complaint the Sub-Divisional Judicial Magistrate, Howrah by his order dated 17.12.1993 took cognizance,of the offence.;