Banti Sharma Alias Bramha Prakash ... vs State Of U.P. And Another
2023 Latest Caselaw 10152 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 
Case :- CRIMINAL REVISION No. - 4149 of 2022
 
Revisionist :- Banti Sharma Alias Bramha Prakash Sharma
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Vikas Srivastava,Ravi Pandey
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Arun Kumar Singh Deshwal,J.

Heard learned counsel for the revisionist and learned AGA for the State.

By way of present revision, revisionist has challenged the order dated 13.09.2022 passed by Additional Chief Judicial Magistrate, Court No.2, Aligarh in Criminal Case No.1167 of 2021 (State Vs Deshraj), under Sections-420, 406 I.P.C., Police Station-Harduaganj, District-Aligarh.

Submission of learned counsel for the revisionist is that there is no material against him and he was also not named in the FIR. His name was roped in only on the basis of statement of co-accused. It was further submitted that he was posted as supervisor from 2013 to 2015 at Branch Office-Harduaganj, where no money was deposited by any of the investor mentioned in the FIR dated 02.01.2019. Therefore, Magistrate passed the impugned order and has not applied his mind.

On the other hand, learned AGA submitted that at the stage of discharge under Section-239 Cr.P.C., Magistrate is required to see only the prima facie case on the basis of material collected during investigation and above joining letter and service termination order of the revisionist are not the part of the case diary, therefore, they cannot be left, at this stage.

After considering the rival submissions, at this stage, it cannot be said that no prima facie case is made out against the revisionist and that the co-accused has specifically stated the involvement of present revisionist, though, he was posted in another Branch.

In view of the above, the present revision is devoid of merit and, is accordingly, dismissed.

However, it is further submitted that revisionist was not arrested till submission of charge-sheet, therefore, in view of the of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in 2022 SCC OnLine SC 825, the bail application of the revisionist be considered in view of the judgment of Satender Kumar Antil (supra) as well as recent direction issued by the Hon'ble Supreme Court for the compliance of Satender Kumar Antil (supra).

Order Date :- 6.4.2023

S.Chaurasia