ASHOK KAUSHIK Vs. STATE (C B I )

JUDGEMENT

(1.) The petitioner herein is one of the several accused persons who were sent up for trial by the respondent Central Bureau of Investigation (CBI), on a report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted upon conclusion on investigation into case (RC No.3/2012 ACU-VI/CBI) New Delhi. The matter came up before the Additional Chief Metropolitan Magistrate (ACMM) for consideration of charge. By order dated 06.01.2015, the ACMM found sufficient material available on record to put, inter alia, the petitioner herein on trial for offences punishable under Sections 120-B read with Section 419/420/384 Indian Penal Code (IPC), and for the substantive offences under Section 420 IPC read with Section 511 IPC, in the alternative for offence punishable under Section 384 IPC read with Section 511 IPC.

(2.) The petitioner challenged the said order before the court of Sessions by criminal revision No.28/15 contending that there was no evidence worth the name against him. The Sessions Court dismissed the revision petition by its order dated 29.07.2016. Thereafter, the petitioner has approached this court by the present petition under Section 482 Cr.P.C. raising the same contention as above.

(3.) Against the above backdrop, question arose as to whether the petitioner having availed of the remedy of revision should be allowed to have recourse to the petition at hand as a substitute for virtually a second revisional challenge or scrutiny which is clearly barred under Section 397 (3) Cr.P.C.