Court No. - 44
Case :- CRIMINAL MISC. WRIT PETITION No. - 7323 of 2021 Petitioner :- Rachna Tandon And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamesh Kumar Arya Counsel for Respondent :- G.A.,Rajnish Kumar Rai Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Mrs. Sadhna Rani (Thakur),J.
The present petition has been filed with the following reliefs:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 11.07.2021 in Case Crime No.08 of 2021, under Section 3, Railway Property (Unlawful Possession) Act' 1966, P.S.- Railway Protection Force Post, Bareilly Junction, District- Bareilly.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in pursuance of the first information report dated 11.07.2021 in Case Crime No.08 of 2021, under Section 3, Railway Property (Unlawful Possession) Act' 1966, P.S.- Railway Protection Force Post, Bareilly Junction, District- Bareilly and not to take any coercive action in any manner against the petitioners.
(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to conduct fair investigation in pursuance of the first information report dated 11.07.2021 in Case Crime No.08 of 2021, under Section 3, Railway Property (Unlawful Possession) Act' 1966, P.S.- Railway Protection Force Post, Bareilly Junction, District- Bareilly."
Sri Rajnish Kumar Rai, learned Advocate has put in appearance on behalf of the respondent- Railways. He informs that the complaint regarding unauthorised possession of the railway property has been lodged under Section 3 of the Railway Property (Unlawful Possession) Act' 1966 before the Officer namely Member of the Railway Protection Force wherein Railway Protection Force is making inquiry/investigation.
The petitioner herein, who is admittedly a railway contractor, is supposed to participate in the said inquiry.
No first information report within the meaning of Section 154 Cr.P.C. has been lodged against any of the petitioners herein. The abovenoted prayers are, thus, found misconceived.
The writ petition is, accordingly, dismissed.
Order Date :- 23.9.2021 P Kesari