BABUJI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

(2.) This revision has been preferred against the judgment and order dated 18.09.2019 passed by learned Chief Judicial Magistrate, Hathras in Criminal Case No.249/209 (State Vs. Babuji), arising out of Case Crime No.364 of 2018, under Sections 420, 468, 471 I.P.C., Police Station Harhras Gate, District Hathras.

(3.) It has been contended by the learned counsel for the revisionist that the opposite party no.2 has lodged the FIR against revisionist under Sections 420, 468, 471 I.P.C. with the allegation that the revisionist got appointment to the post of Assistant Teacher by submitting forged documents. After investigation charge sheet has been submitted against the revisionist, against which the revisionist has filed an application under Section 482 Cr.P.C. No.24576 of 2019, which was disposed of vide order dated 28.06.2019 with a direction to move discharge application. Thereafter, the revisionist filed a discharge application before the concerned court which was rejected vide order dated 18.09.2019. The facts and grounds taken by the revisionist have not been taken into consideration by the court below while passing the impugned order. Therefore, the order is perverse and liable to be set aside.