ORDER

1. Delay condoned.

2. Special leave granted.

3. The Union of India has come up in appeal against the order of the High Court of Judicature at Patna in Crl. Misc. P. No. 18491 of 2002 dated 19-3-2004 whereby an application filed for modification/quashing of a part of the order dated 13-3-2000 passed earlier by the High Court was rejected by the High Court. By order dated 13-3-2000 in Crl. Revision No.6 of 2000, which was sought to be modified, the High Court while finding the respondent guilty of the charge under Section 3 of the Railway Property (Unlawful Possession) Act upheld the conviction and sentence passed against Respondent 2. However, it directed that Respondent 2 being a government employee the order of conviction will not affect the service career including the retiral benefits. The last part of the direction made by the learned Judge was impugned in Crl. MP No. 18491 of 2002 which has been disposed of by the impugned order holding that the order could not be altered in view of the provisions under Section 362 CrPC.

4. We have perused the order passed by the High Court dated 13-3-2000.

The High Court while exercising its criminal jurisdiction could either have convicted