AMARESHWAR SAHAY, J. - (1.) Heard the learned Counsel for the parties.
(2.) IN this writ application, the prayer of the petitioners is to quash the F.I.R. of Jugsalai (Bagbera) P.S. Case No. 04/2007, which was registered under Section 304 of the Indian Penal Code against the petitioners, who are the railway officials. It appears that one Mankeshwar Singh lodged a first information report before Jugsalai (Bagbera) police station, alleging therein that on 08.01.2007 at about 11:30 A.M. the accused persons namely, Chandan Kumar Manjhi and P.K. Ghosh @ Deepak Kumar Ghosh came to the house of the informant on a vehicle and asked him as to why he has stacked stone boulders in front of his house. They also demanded Rs. 20,000/ - from him and also threatened that if the amount was not paid, he would be dispossessed from the land. It has been further alleged in the F.I.R. that on 10.01.2007, they again came to the house of the informant and started demolishing the boundary wails as well as tube well and after beating the informant they took him to the R.P.F. Post. It is further alleged that when the informant's wife heard all these things, she out of shock fell down and subsequently she suffered from heart attack and died in the night at about 8:30 P.M. It is stated that the petitioner No. 1 being an Assistant Engineer, posted in South Eastern Railway, is a Gazetted Officer of the Central Government whereas, the petitioner No. 2 is the Junior Engineer and the petitioner No. 3 is the Inspector of Railway Protection Force. It is said that the informant had encroached railway land for which an Eviction Case No. 544 of 2000 was filed by the Railway Administration against Rajesh Singh (Informant) before the Estate Officer, South Eastern Railway, Bilaspur at Chakradharpur and by order dated 28.11.2000, the Estate Officer has passed an order for eviction and demolition of the encroachment made by the informant in exercise of the powers under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. The order passed by the Estate Officer has been annexed as Annexure -2 to the writ petition.
(3.) THE Divisional Railway Manager, South Eastern Railway by issue of letter dated 08.05.2003 directed the petitioners to remove the encroachment made by the informant and take possession of the railway land. Since the informant did not remove the encroachment and did not vacate the Railway land rather started making further construction on the adjacent Railway land. Warning was given to the informant but he threatened and abused the petitioners, and then the matter was reported to the Officer Incharge of the Railway Protection Force. The Railway Protection Force officials arrested the informant under the Railway Act and he was produced before the Railway Magistrate on the next date where he pleaded guilty and he was fined also.;