Brij Nandan Lal Gangwar vs State Of U.P. & Another
2016 Latest Caselaw 1932 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 12
 
Case :- CRIMINAL REVISION No. - 980 of 1997
 
Revisionist :- Brij Nandan Lal Gangwar
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Revisionist :- U.K.Saxena
 
Counsel for Opposite Party :- Govt.Advocate
 
Hon'ble Abhai Kumar, J.

List revised.

None present to press this revision.  Perused the record.

The revisionist has filed this revision against the order dated 21.07.1997 passed by Special Judge, (Prevention of Corruption Act), Varanasi, whereby the learned judge has dismissed his application under Section 227 Cr.P.C. moved by the accused person to discharge.

Perusal of the order sheet shows that there is no illegality in the order. The reasons are shown that charges are not groundless and therefore, the accused person can not be discharged.  It is categorically mentioned in the order that on 10.09.1982, about 66 k.g. unclaimed silver was recovered from Tinsukia Mail, at Allahabad Junction, but the same was returned to co-accused Kishan Bahadur only after six and half hours on 11.09.1982 without giving any information either to the official of sales tax or revenue or without obtaining any order from any Magistrate in this regard. It was stated by the then Sub-Inspector Harbans Singh that this unclaimed silver was returned to the co-accused Kishan Bahadur on the direction of accused BNL Gangwar.  The accused failed to explain in his defence that on the date of incident he was not on his duty and this fact was not mentioned before the Investigating Officer of the case. 

Seen the facts and circumstances of the case, the learned judge has sufficient ground for making charges in the application.

I do not find any illegality in the impugned order. 

The revision has no force and is dismissed.

Order Date :- 26.04.2016.

Vinod.