Heard learned counsel for the parties.

2. The petitioner has challenged the entire criminal proceedings initiated in connection with C.P. Case No.1972/2007 and the order taking cognizance dated 16th September, 2008.

3. It is not in dispute that the petitioner was holding the post of Sub-Inspector in the Railway Protection Force and according to the petitioner, on 3rd October, 2007, he received information with respect to some materials, which were being transported through railway wagons, were found on the railway track and on the same day, he entered this fact in the Daily Diary of R.P.F Out Post, Mahuda, and registered the case No.C5-1 etc. The complainant-respondent was arrested on 5th October, 2007 itself and after registering formal F.I.R, which was a detailed F.I.R, the complainant was submitted before the court of Judicial Magistrate on 5th October, 2007 itself. According to the petitioner, confessional statement of the complainant-respondent was recorded on 5th October, 2007, itself and other witnesses were also examined. Aggrieved by this action of the petitioner, which was taken in discharge of his official duty under the Railway Protection Force Act, 1957, the compl