- (1.) IN this application, the petitioner has prayed for quashing of the entire criminal proceedings in connection with R.P. Case No. 71 of 1990 arising out of Dhanbad/RPF/Post Case No. 2 (10) 1990 including the order dated 16.04.1996 passed by the learned Railway Judicial Magistrate, Dhanbad whereby and whereunder, charge has been framed against the accused persons for the offences under Section 3 (a) of the Railway Property (Unlawful Possession) Act.
(2.) THE prosecution story as would appear from the First Information Report is that on the basis of a search warrant issued for search of shop -cum -godown of accused Md. Mansoor Alam situated in Gandhi Nagar, P.S. Bank More, District Dhanbad the Officer In -charge of Dhanbad/RPF/Post conducted the search of the shop at Baniahir and on the basis of the said search some iron materials were seized and the case was instituted.
(3.) ULTIMATELY in course of the proceedings charge was framed on 16.04.1996 for the offences punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act. The learned counsel for the petitioner has assailed the entire criminal proceedings by submitting that the initiation of the present case was with respect of an alleged search being made in the shop of the petitioner on the basis of a search warrant which was issued for searching the premises of one Md. Mansoor Alam but instead of doing the same without any search warrant the shop of the petitioner was searched leading to alleged recovery of some iron materials. He hasfurther submitted that as regards co -accused Md. Mansoor Alam, he had filed a revision application before this Court against the impugned order of the present case dated 16.04.1996 and this Court vide order dated 18.06.2002 was pleased to allow the revision application and the impugned order dated 16.04.1996 with respect to the said Mansoor Alam had been set aside. Learned counsel for the petitioner, therefore, submits that the case of the petitioner stands on better footing than that of co -accused Md. Mansoor Alam whose revision application has been allowed by this Court.;