Delhi District Court
U/S 465/466/468/474/120-B Ipc vs Atul Mehra on 15 January, 2013
IN THE COURT OF SH. GAUTAM MANAN,
ADDL. CHIEF METROPOLITAN MAGISTRATE, NEW DELHI
FIR No. 47/1996
U/S 465/466/468/474/120-B IPC
P.S. Cannaught Place (Crime Branch )
State V. Atul Mehra
JUDGMENT U/S 355 Cr. P.C.
a) Sr. No. of the case 02403R0001311996
b) Date of commission of 06.3.1996
offence
c) Name of the complainant SI Satpal Singh, F&C Section, Crime
Branch, New Delhi
d) Name, parentage & address 1. Rajender Singh Rathore
of accused. S/o Sh. Suraj Bhan Singh,
r/o H. NO. 3 Block, F-17, Sector-8,
Rohini, Delhi
(since P.O.)
2. Atul Mehra,
s/o Sh. Jugal Kishore Mehra
r/o B-433, New Friends Colony,
New Delhi
e) Offence Complained of or Under Section 465/468/471 IPC read
proved with Section 120-B IPC
f) The plea of the accused and S.A. dispensed with.
his examination
g) The Final order Accused Atul Mehra is acquitted u/s
465/468/471 IPC r/w 120-B IPC.
h) The date of such order 15.01.2013
Date of institution of case : 02.12.1996
Date of reserving judgment/order : 15.01.2013
Date of Pronouncement : 15.01.2013
FIR No. 47/1996 State V. Atul Mehra Page 1 to 4
BRIEF REASONS FOR THE DECISION:-
1.Accused Atul Mehra is facing trial on the allegations of the prosecution that on or before 06.03.1996 at parking Samrat Hotel he alongwith his co accused Rajender Singh Rathore since proclaimed offender entered into a criminal conspiracy to pretend him as a CBI officer to extort money from Arvind A Dadiya by showing the three warrants on which the signatures of ld. M.M. Ms. Deepa Sharma were forged and those forged warrants were used as genuine to extort money from Arvind A. Dadiya and thereby committed an offence punishable u/s 465/468/471 r/w Section 120-B IPC.
2. After completion of the investigation, charge sheet was filed in the court under Section 465/466/468/474/120-B IPC against the accused Rajender Singh Rathore (since P.O.) and Atul Mehra. Copies of charge sheet and documents were supplied to the accused free of costs.
3. After hearing the arguments, the charge under Section 465/468/471 read with Section 120-B IPC was framed against the accused Atul Mehra on 21.09.2006 to which the accused pleaded not guilty and claimed trial.
FIR No. 47/1996 State V. Atul Mehra Page 2 to 4
4. The prosecution has examined total 02 witnesses in support of its case i.e. PW-1 Dr. Arvind Kumar Amrit Lal Dadia and PW-2 Inspector Satya Pal Singh.
5. PW-1 Dr. Arvind Kumar Amrit Lal Dadia deposed that he neither lodged complaint against the accused nor gave any statement. He further deposed that accused took a loan of Rs. 13-14 lakhs from him which he refunded to him. PW-1 became hostile and has been examined by ld .APP for State but during examination of the accused has deposed anything contradictory.
6. PW-2 Inspector Satya Pal Singh has proved the arrest of the accused no. 1 and the recovery of warrant Ex.PW2/A from the residence of the accused Rajender Singh Rathore. In his cross examination, the witness categorically deposed that he did not investigate the case against accused Atul Mehra nor he has never met accused Atul Mehra.
7. Although the prosecution has examined 02 witnesses but the complainant in the present matter has turned hostile to the case of the prosecution and has not deposed anything against the accused Atul Mehra No prosecution witness has deposed anything against the accused as such there is no evidence on record so to put the same to the accused under the provision of Section 313 Cr.P.C. Accordingly, recording of statement of accused u/s 313 Cr.P.C. was dispensed with.
FIR No. 47/1996 State V. Atul Mehra Page 3 to 4
8. Since there is no evidence against the accused Atul Mehra so link him with the commission of crime u/s 465/468/471 IPC r/w 120-B IPC as such accused Atul Mehra stands acquitted in the present case. Bail bond of accused and his surety is discharged.
As the accused Rajender Singh Rathore is a proclaimed offender, therefore, the case file be consigned to Record Room u/s 299 Cr.P.C. with direction that file be taken up again as and when he is apprehended.
Announced in the open Court on 15th January, 2013.
(Gautam Manan)
ACMM-01/ New Delhi
FIR No. 47/1996 State V. Atul Mehra Page 4 to 4