IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10741 of 2007 KUMAR DIGWAY @ SUNIL KUMAR Versus STATE OF BIHAR ----------- 4 3.9.2008 Heard Sri Abhay Shankar Singh, the learned counsel for the petitioner and Sri Jharkhandi Upadhaya, the learned A.P.P. for the State. Through this application the petitioner has prayed for quashing of order dated 14.12.2006 passed by the learned Railway Judicial Magistrate, Barauni, in Barauni R.P.F. Case No. 7 of 1997 by which his discharge petition has been rejected. The prosecution case is based on a written report submitted by A.S.I. Ajai Kumar Brahamchari, Officer-in-Charge , Railway Protection Force, Barauni on 25.7.1997, inter alia alleging that on receipt of a confidential report on 5.7.1997 to the effect that at Laheria Bazar, P.S. Dalsingsarai, some railway materials were being brought on Truck No. BHF 7651, he with a few constables reached near the alleged place of occurrence and saw the aforesaid truck coming. On signaling, the said truck stopped and it was found loaded with scrap materials. The truck was brought to the R.P.F., Barauni Post and the relevant papers of the scrap materials showing the purchase of those scrap in railway auction was produced. The truck was released but some of the suspected scrap materials weighing 220 Kg. in three jute bags was detained for further verification. The petitioner claims to run a scrap material shop in the - 2 - name and style of M/s Bajrang Steel, Laheria Bazar, Dalsingsarai, but notwithstanding the same the prosecution report under section 3 of the Railway Property (Unlawful Possession) Act (hereinafter referred to as “the R.P.U.P. Act”) was registered. Since the scrap materials loaded on the truck had been purchased by the petitioner at railway auction under a valid cash memo and by paying tax no offence of theft of railway property for unlawful possession thereof can be said to have been made out against the petitioner. It has also been submitted that for an occurrence which took place in 1997, the cognizance was taken by the Railway Judicial Magistrate, Barauni, on 14.12.2006 and there is no plausible explanation for such delay. It cannot be said with certainty that the delay in conducting the case had been caused at the instance of the petitioner. Regard being had to the facts and circumstances of the case I am of the view that the prosecution of the petitioner is liable to be quashed, being an abuse of the process of the Court. Accordingly this application is allowed and the impugned order dated 14.12.2006 passed by the Railway Judicial Magistrate, Barauni in Barauni R.P.F. Case No. 7 of 1997 as also the prosecution of the petitioner is hereby quashed. Spd/- (Abhijit Sinha, J.)