RAJ MANGAL KUSHWAHA Vs. STATE OF U P

JUDGEMENT

(1.) Raj Mangal Kushwaha, the accused for an offence under Section 420, IPC, preferred this revision against the judgment and order dated 30.05.2002 passed by the Chief Judicial Magistrate, Deoria in Criminal Case No. 2887 of 2000, whereby the accused/revisionist has been charged in the trial for the offence under Section 420, IPC.

(2.) I have heard both the parties and perused the record.

(3.) It is contended on behalf of the revisionist that the allegations which have came out against the accused are that he had reached to the shop of jewelry dealer Ram Babu, with the intention to sell the articles of gold which were actually not made of gold and be was showing those articles to Hare Ram and Naresh Soni, the servants on the shop and in the meantime, the police party reached on the spot and recovered the articles from the possession of the accused/revisionist and on the face value of these facts, there is no case made out against the accused/revisionist under Section 420, IPC and therefore, the charge framed against him is baseless and the learned Lower Court grossly erred in taking cognizance of the offence under Section 420, IPC and wrongly charged the accused/revisionist for trial on that charge.