NARESH MAHATO Vs. STATE

JUDGEMENT

(1.) The petitioner has filed this Criminal Revision Petition under Sec. 397 & 401 Cr.P.C., to call for the original records from the Lower Court for considering the police report and documents sent along with final report and also for making necessary examination of the above documents and to discharge the petitioner / accused-5.

(2.) The discharge petition was filed by the petitioner before the VIII Additional City Civil Court, Chennai in Crl.M.P.No.4632 of 2016 in C.C.No.24 of 2015 and the same was dismissed on 27/9/2017. Hence, the present Revision has been preferred by the petitioner on the ground that the final report did not disclose any triable offence under Prevention of Corruption Act . 1988.

(3.) The case of the prosecution is that the petitioner is arraigned as A5 and facing trial for alleged offences under Ss. 120B r/w 420, 471 of IPC and under Ss. 8 , 10 and 13(2) r/w 13(1)(d) of Prevention of Corruption Act , 1988. The petitioner along with other accused had defrauded some unemployed youth as if the Petitioner has close relationship with the Railway Minister and promised them that a job will be provided in the Indian Railways as Khalasi and Ticket Collector and received money from the innocent youths. Thereby, the petitioner was implicated in the above said offence on the ground that some witnesses have spoken about the involvement of the petitioner in the above said crime.