Jharkhand High Court
Bijay Kumar Alias Biju And Anr vs The State Of Jharkhand on 18 July, 2014
Author: P.P. Bhatt
Bench: P.P. Bhatt
IN THE HIGH COURT OF JHARKHAND, RANCHI
----
Cr.Rev. No. 231 of 2014
----
1.Bijay Kumar @ Biju
2.Nand Kumar @ Nandu Kumar @ Nandu
....... ....... .......... Petitioners
-- Versus --
The State of Jharkhand ..... .......... Opposite Party
CORAM :- HON'BLE MR. JUSTICE P.P. BHATT
For the Petitioners :- Mr.Jitendra S.Singh, Advocate
For the State :- A.P.P.
2/18.07.2014This Criminal Revision application is filed under sections 397 and 401 of the Code of Criminal Procedure against the order dated 15.2.2014 passed in Chandwa P.S.Case No. 77 of 2010 corresponding to G.R. Case No. 449 of 2010 S.T. No. 171 of 2013 by the learned Principal Sessions Judge, Latehar whereby the learned Sessions Judge has rejected the petition for discharge filed under section 227 of the Code of Criminal Procedure by the petitioners.
2. Learned counsel for the petitioners by referring impugned order submitted that learned court below has failed to appreciate that from the materials on record, essential ingredients of Section 489C of the Indian Penal Code are not attracted qua the present petitioners as no fake currency has been recovered from the possession of the petitioners,however, without proper consideration of the materials on record, learned court below has proceeded on the basis that petitioners were having knowledge about such fake currency note and they were indulged in gambling. Learned counsel for the petitioners further submitted that since fake currency notes were not found from his possession, there is no prima facie case against the present petitioners having involvement in the alleged offence punishable under section 489C of IPC and therefore, they are required to be charged for the offence under sections 290 of the Indian Penal Code and Section 11 of Bihar(Jharkhand) Bengal Gambling Act. Learned counsel for the petitioners has further submitted that learned court below has not properly considered the scope and power of section 227 of Cr.P.C while rejecting application for discharge filed under section 227 of Cr.P.C.
3 Learned A.P.P. Opposed the application and supported the impugned order passed by the learned court below. It is submitted that learned court below has rightly and properly appreciated the ingredients of Section 489(C) of IPC in light of the facts and circumstances of the present case which are emerging from the materials on record and therefore, keeping in mind the scope and power of section 227 of the Cr.P.C.learned court below has passed the impugned order which is in accordance with law and therefore, intervention of this court is not required.
4 Considering the aforesaid rival submissions and having regard to the facts and circumstances involved in the present case it appears that present petitiones have been charged under sections 290/489C of IPCS and Section 11 of Bihar(Jharkhand)Bengal Gambling Ac. The main grievance of the petitioners is that learned court below has not properly appreciated the fact that petitioners were not found in possession of the alleged fake currency note. However, without considering this material fact, learned court below, while considering the essential ingredients of Section 489C of IPC, has come to the conclusion that there is a prima facie case against the present petitioners under sections 489C of IPC as the petitioners were having knowledge of such fake currency note and accordingly, cognizance of the offence in the aforesaid section has been taken.
Section 489C reads as under-
Section 489C- Possession of Forged or counterfeit currency-notes or bank notes.
"Whoever has in his possession any forged or counterfeit currency note or bank note,knowing or having reasons to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years or with fine or with both."
And from perusal of above referred provision following are the essential ingredients:-
(1)the notes in question I.e.(fake currency note) are either currency notes or bank note.
(2)Such notes were forged or counterfeit. (3)Accused was in possession of such notes (4)Accused knew or had reason to believe that such currency notes were forged or counterfeit and (5) Accused had intention and intended to use the same as genuine.
5 Learned counsel appearing for the petitioners fairly conceded that so far as charge under section 290 of IPC and Section 11 of Bihar(Jharkhand)Bengal Gambling Act are concerned, petitioners are required to face the trial but so far as under section 489(C) of IPC is concerned, at no stretch of imagination it can be said that ingredients of Section 489(C) of IPC are attracted against the present petitioner as no fake currency note has been recovered from the possession of the petitioners.
6. In the instant case, from the materials placed on record it appears that prima facie no offence as alleged under sections 290 and 489(C) of IPC and Section 11 of Bihar (Jharkhand)Bengal Gambling Act to have made out against the petitioners. From bare reading of Section 489(C) of IPC it appears that essential ingredients of Section 489C are not attracted in the facts and circumstances of the present case against the present petitioners and therefore, application filed under section 227 of Cr.P.C for discharge from the charge under section 489C IPC in respect of petitioners ought to have been considered by the learned court below but as discussed above the learned court below has not properly appreciated the facts in the light of provision contained under section 489C IPC. Therefore, the petitioners are required to be discharged from the charge of section 489 C IPC by partly allowing the present Revision at this Juncture. So far as charge under section 290 of IPC and Section 11 of Bihar(Jharkhand) Bengal Gambling Act is concerned the same shall not be disturbed and the petitioner shall face the trial for the above two charge. Accordingly this criminal revision is partly allowed .
(P.P. BHATT, J.) SD/