JUDGMENT :

Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the Railways.

2. The petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) for the following relief:

“That this is an application for quashing the cognizance order dated 03.01.2011 passed in R.P.F. S.M.I. 43 of 10/Tr. 809 of 2011 passed by learned Railway Judicial Magistrate, Samastipur, whereby the learned Magistrate has taken cognizance against the petitioner under section 143 of the Railway Act, 1989.”

3. The allegation against the petitioner and another accused was of black marketeering of railway tickets. Against the petitioner, it is specific that on prior information, the petitioner being identified, when confronted, from his possession, one ticket in his name and five blank reservation slips were recovered. On the said complaint, the Court has taken cognizance on 03.1.2011, which is impugned in the present application.

4. Learned counsel for the petitioner submitted that the allegation is only that there is suspicion that the petitioner was black marketeering of Railway tickets by buying tickets in his n