HARISH KUMAR
Sushil Kumar Srivastava – Appellant
Versus
State of Bihar – Respondent
JUDGMENT (ORAL)
Heard Mr. Vikash Kumar Pankaj, learned Advocate for the petitioner and Ms. Poonam Kumari Singh, learned Advocate for the Union of India.
2. The petitioner has invoked the inherent jurisdiction of this Court by filing the present quashing application under Section 482 of the Code of Criminal Procedure; 1973 assailing the impugned order dated 13.03.2019 passed by the learned Additional Chief Judicial Magistrate, Railway, Samastipur in RPF(SMI) P.S. Case No. 15 of 2015 (CR No. 499 of 2015), whereby the learned Court has taken cognizance of the offences punishable under Section 143 of the Railways Act, 1989 against the petitioner and others.
3. The brief facts giving rise to the present quashing application are that on 16.05.2015 the Central Intelligence Bureau (CIB) on a confidential information, keeping vigil over the Tatkal Railway Ticket Booking Counter. Suspecting some foul they entered in the booking cabin of the petitioner, where Station Superintendent, Station Master and others were present. In course of search, the CIB team recovered two tatkal tickets inside the counter but on calculating the cash, found that Rs.5,870/- was deficient as per cash summary. The p
Seizure of unauthorized Railway tickets – Order taking cognizance must reflect application of judicial mind by Magistrate.
The main legal point established in the judgment is that at the stage of taking cognizance, the court is only required to determine if an offence is made out, and the order should reflect application....
The main legal point established in the judgment is that the Railway Protection Force cannot file a charge sheet and initiate prosecution without filing a proper complaint as mandated under Section 1....
The main legal point established in the judgment is the application of legal provisions to determine the lack of prima facie evidence for the alleged offenses, leading to the quashing of the proceedi....
Cognizance was taken beyond the statutory limitation and by an unauthorized complainant, rendering the criminal proceedings invalid under the Railways Act and Criminal Procedure Code.
An officer of the Railway Protection Force is not authorized to file a charge sheet for offences under the Railways Act as per the provisions of the Code of Criminal Procedure.
High court cannot sit in appeal and examine the reasons assigned by the authority and confirmed by the appellate as well as revisional authority.
The absence of independent witnesses during the seizure process significantly impacted the prosecution's case, leading the court to modify the initial sentencing to a fine only.
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