Praveer Kumar Das Gupta And Another v. State Of Bihar
2000-01-28
INDU PRABHA SINGH
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DigiLaw.ai
Judgment Indu Prabha Singh, J. 1. This revision petition is directed against the order dated 26.8.1995 passed by Judicial Magistrate, 1st Class, Gaya in Gaya Rail P.S. Case No. 175/93 and G.R. No. 3045/93/640/95 by which the learned Judicial Magistrate has refused the prayer for discharge of these petitioners. 2. The short facts of this case are that on 28.11.1993 at about 10.15 p.m., the informant Upendra Kumar, Officer-in-Charge, Railway Police Station, Gaya having received a secret information, raided the IInd class ticket booking counter No. 7. He found that 20 tickets from Gaya C.B.O. to Gwalior were present in the shelf of Varanashi child. The booking clerk, the accused M.N. Pandey did not give him any explanation regarding the presence of these tickets in his counter. The police party further found that a surplus money amounting to Rs. 1,039.00 was also present at the counter, which was not entered in the sale-register. It has been alleged that the accused M.N. Pandey confessed his guilt. The police arrested the accused and seized the tickets and surplus money. Thereafter, F.I.R. was lodged against the accused M.N. Pandey. 3. In course of investigation, the rail police came to the conclusion that rest three accused-persons were also involved in the commission of the offence and hence the rail police submitted charge-sheet against all the four accused-persons under Secs. 419, 420, 409, 414 and 107, I.P.C. 4. The learned Counsel for the petitioners submitted that there is nothing against these petitioners namely P.K. Das Gupta and Nagina Prasad in the case diary rather on perusal of the case diary, it appears that these petitioners are innocent. He has further submitted that the learned Judicial Magistrate failed to appreciate the evidence on record. His refusal to discharge the petitioners relying on petitioners own statement was not legal. There was no sufficient evidence against the petitioner and impugned order was not reasoned as required under law. 5. It is not true that only on the statement of the accused, case against the petitioners has been made out. There are enough materials to show that a prima facie case has been made out against these petitioners, The petitioners also used to receive the tickets or city booking office after making indent for the same and tickets were kept in his charge.
There are enough materials to show that a prima facie case has been made out against these petitioners, The petitioners also used to receive the tickets or city booking office after making indent for the same and tickets were kept in his charge. Such tickets were found in the counter No. 7 of IInd class ticket booking by the police during the raid. Those tickets on counter No. 7 could not be explained. As such prima fade case against the petitioners was made out and also the involvement of these petitioners cannot be ruled out. As such, I do not find any error and illegality in the order impugned, which may warrant, interference by this Court. 6. Accordingly, this petition is dismissed.