Delhi District Court
Shiv Gopal Awasthi vs Serious Fraud Investigation Officer on 7 June, 2018
1
IN THE COURT OF SH.NARINDER KUMAR:SPECIAL JUDGE2
NDPS ACT:(CENTRAL DISTRICT):TIS HAZARI COURT:DELHI
Crl. Rev. No. 393/ 2018
Date of institution: 30.05.2018 Decided on: 07.06.2018
In the matter of :
Shiv Gopal Awasthi .....Petitioner
Versus
Serious Fraud Investigation Officer
(SFIO) .....Respondent
JUDGMENT
Present revision petition has been filed challenging order dated 05.02.2018 passed by learned Additional Chief Metropolitan Magistrate (Special Acts), Central District, Delhi, in complaint case no. 293443/16.
22. Vide the impugned order, learned Trial Court observed that "there is sufficient material available on record to frame charge against accused no. 4appellant herein, for offence under Section 120B read with Section 420 IPC, 468, 471 IPC, and then adjourned the matter to 21.03.2018 for framing of charge.
3. Charge was yet to be framed, but the present petition came to be filed.
4. While going through observations made by learned Additional Chief Metropolitan Magistrate in para 12, Court finds that learned Trial Court was of the prima facie view that offence of forgery for the purpose of cheating was committed by the accused and further that offence of use of forged documents as genuine, was also committed by him, in the given facts and circumstances.
5. Though learned Trial Court observed in the manner above, regarding offence of forgery, cheating and use of forged 3 documents as genuine, in para 14 learned Trial Court ordered for framing of charge only for offence under Section 120B read with Section 420, 468, 471 IPC.
6. So para 12 and 14 are not in consonance with each other.
7. In the given situation, matter needs clarification from the learned Trial Court as to for which offences charge was actually to be framed against accused no. 4 appellant herein i.e. whether the charge was intended to be framed for offence under 120 IPC, Section 420 IPC read with Section 120B IPC, 468 IPC read with Section 120B IPC & 471 IPC read with Section 120B IPC?
8. As a result, this revision petition is disposed of with directions to the learned Trial Court to pass order on charge afresh specifying as to for which offences prima facie case is made out against accused no. 4 appellant so that in case of challenge, higher Court may appreciate illegality or irregularity, 4 if any, in the order.
However, learned Trial Court to provide reasonable opportunity of being heard to both the parties before passing of the order.
9. Parties to appear before Learned Additional Chief Metropolitan Magistrate today at 2 pm.
10. Copy of Judgment be sent to Learned Metropolitan Magistrate. Trial court record be sent back. File of revision petition be consigned to record room.
Digitally signed
Announced in the open Court by NARINDER
NARINDER KUMAR
on this 07th day of June, 2018 KUMAR Date:
2018.06.08
15:27:12 +0530
(NARINDER KUMAR)
SPECIAL JUDGE, NDPS02 (CENTRAL)
TIS HAZARI COURTS, DELHI