IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.24592 OF 2007 SHAIDUL SHEIKH @ SHAIDUL SK., SON OF TAMREZ SHEIKH, RESIDENT OF MOHALLA SULTANGANJ, POLICE STATION KALIACHAK, DISTRICT MALDA (WEST BENGAL) VERSUS 1. THE STATE OF BIHAR 2. SHRI R. K. MISHRA, S.I./R.P.F., BARSOI ………………………………………………………………OPPOSITE PARTIES ********* FOR THE RAILWAYS :- Mr. N. K. AGARWAL, SENIOR ADVOCATE MR. MAHESH PRASAD, ADVOCATE *************** 5 07/07/2009 Nobody appears on behalf of the petitioner. Counsel for the Railways is present. This application has been filed for quashing the order dated 12.03.2007 by which cognizance has been taken for the offences under Sections 3(a) of the R.P. (U.P.) Act. The case of the petitioner is that his name has been disclosed in the confessional statement of the co- accused Sk. Liyakat, driver of the truck from which railway goods were recovered. From the statements made in this application, it appears that the defence of the petitioner is that he cannot be prosecuted on the basis of the confessional statement of the co-accused. These aspects of the matter will be considered during the trial of the case and it is not possible for this Court to quash the order taking cognizance in the facts of - 2 - the case which appears to be prima facie true. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )