SUDESH KUMAR RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision has been brought challenging the legality, propriety and correctness of the order dated 12.03.2020, passed in Sessions Trial No. 22 of 2019, by the learned trial Court rejecting the application of the applicants filed under Section 227 of the Cr.P.C. praying for discharge.

(2.) These applicants and others were charge-sheeted for commission of offence under Section 409, 419, 420, 468, 471, 413, 120 (B), 201, 217, 34 of the Indian Penal Code, Section 3 (1), 7 of the Essential Commodities Act, 1955 and Section 66 (c) and 66 (d) of the Information Technology Act.

(3.) The applicants filed an application under Section 227 of Cr.P.C. stating that they have been falsely implicated in the case as there is no material present in the charge-sheet to show that the applicants have committed any offence as alleged. Although the applicants were members of super checking team, but there is no evidence that super checking team went through any checking or inspecting the documents, on which the team constituted for issuance of new ration card had worked. Hence, these applicants have not played any role in the said commission of offences and none of the offence registered against them is made out. The Additional District and Sessions Judge, Rajnandgaon has passed the impugned order by which, the application under Section 227 of Cr.P.C. was partly allowed and the applicants were discharged for offence under Section 413 of Cr.P.C., however, the case has been remanded to the Court of C.J.M. for trial of the applicants and others for the remaining offences, which are triable by J.M.F.C.