ABDUL MAZID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Smt. Prabha Naithani, the learned Counsel for the applicant and Mr. Vivek Shukla, the learned Counsel for the C.B.I./respondent.

(2.) Certain fraud was committed by the employees of Bharat Sanchar Nigam Limited by hacking the computer and the telephone exchange and allowing free international calls from certain telephone numbers. The applicant was not named in the FIR. Subsequently, a chargesheet was filed in which the applicant was also not named as an accused. It transpires that a supplementary chargesheet was filed before the trial court in which it has been stated that the applicant was a middle man supplying the telephone numbers, which were unmetered, from Sri Zaidi to Sri Subhash, who are the accused persons.

(3.) In paragraph 7 of its counter affidavit, the C.B.I. admits that the applicant is not a public servant and contends that the applicant was named by the two accused in their statements made under Section 164 CrPC alleging some kind of connivance of the applicant with the other accused.