Allahabad High Court
Rahul Singh vs State Of U.P. And Another on 26 April, 2022
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL REVISION No. - 1075 of 2022 Revisionist :- Rahul Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohd Zubair,Nasira Adil,Sr. Advocate Counsel for Opposite Party :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard Sri N.I. Jafari, learned Senior Counsel assisted by Ms. Nasira Adil, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision has been filed by the revisionist assailing the legality and validity of the order dated 13.01.2022 whereby the revisionist's discharge application filed under section 227 Cr.P.C. was rejected by the Chief Judicial Magistrate, Jhansi. The revisionist-Rahul Singh was charge-sheeted as an accused under Sections 420, 467, 468, 471 IPC, arising out of Case Crime No. 456 of 2016, Police Station Kotwali, District Jhansi.
Contention raised by learned counsel for the revisionist is that F.I.R. was registered by one Shyam Lal Tripartite-opposite party no. 2 against nine named accused including the revisionist with the specific allegation that Rahul Singh-revisionist is one of the accused who has conspiracy in convincedin swindling the amount from the innocent investors.
It has been argued by learned counsel for the revisionist that Rama Shankar Ayyar, accused no. 1 is the Branch Manager of private concerned B.M.A Wealth Creators and revisionist is petty employee in that organization. From the F.I.R., it is clear that in account of Rahul Singh-revisionist, Rs. 26,64,635/- were credited through NIFT, there was a wrongful loss to the informant. It is settled principle of law that while deciding the application the defence of the accused was not taking into account and moreover, the court is not expected to that main at this stage while deciding the discharge application.
I have perused the order impugned and from order, it seems that the chargesheet has been submitted. During the investigation police has recorded statements under section 161 Cr.P.C., Branch Manager Canara Bank, Branch Manager H.D.F.C. Bank and Branch Manager, Yes Bank, who jointly indicted the revisionist-Rahul Singh for opening the fictitious account.
Under the circumstances, taking into account, the totality of circumstances and limitation of deciding the discharge application of revisionist in the case of "State of Orissa Vs . Debendra Nath Padhi AIR 2005 SC" wherein the Hon'ble Apex Court has laid down even in the grave of suspicious discharge application could not be prayed.
I do not find any illegality or perversity in the order impugned dated 03.01.2022.
The present criminal revisions is devoid of merit and is, accordingly, dismissed.
Order Date :- 26.4.2022 Vikram